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1. The Plaintiff:
A. Defendant B delivers a building listed in the separate sheet, and from July 18, 2015, the said building.
Reasons
1. The Plaintiff entered into a lease agreement with Defendant B on the buildings listed in the separate sheet (hereinafter “instant store”) as follows.
The contract date: The contract period on August 30, 2014: two years (from September 16, 2014 to September 17, 2016): 1.5 million won per month: 1.5 million won per month; 10% of the additional tax on the rent and the management fee, which the lessee bears, also the Defendant B did not pay the rent as stipulated in the above contract.
On June 23, 2015, the Plaintiff notified Defendant B of termination due to the delayed rent.
Defendant C acknowledged that he occupied the instant store without permission on June 22, 2015, and prepared “a certificate of possession and a certificate of performance” with the purport that he/she returned the key to the Plaintiff by July 27, 2015 and immediately remove the goods in the instant store.
The fixed amount of management expenses after July 2015 is KRW 377,351.
On July 2, 2015, the instant store is subject to a business report of “D” general restaurants in the name of Defendant C (the head of the Si/Gu of Mangsan-si).
【Ground for Recognition: Each description, photograph, and each number, including evidence A 1 to 14; the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. According to the above facts of recognition as to Defendant B, Defendant B did not pay rent, etc. several times, and the Plaintiff’s termination notice on the ground of such delinquency in payment is lawful. Therefore, the lease contract between the Plaintiff and Defendant B is terminated. Thus, Defendant B is obligated to deliver the instant store to the Plaintiff.
Furthermore, Defendant B is obligated to pay to the Plaintiff money by the percentage of KRW 1,265,00 per month from July 18, 2015 to the day the delivery of the instant store is completed, which was sought by the Plaintiff after the termination of the instant lease contract.
The plaintiff asserts that value-added tax is 150,000 won, but it is a rent.