beta
Text
1. The defendant's appeal is dismissed.
2. Based on the plaintiff's incidental appeal, the defendant 2,060,000 won and this shall apply to the plaintiff.
Reasons
1. Basic facts
A. On October 19, 2016, the Defendant entered into a contract between the Plaintiff and the Plaintiff under which part 33 square meters of the part on the ship (a) connected each point of Annex 1, 2, 3, 3, and 1 (hereinafter “Attachment 1”), among the buildings listed in Annex 1, the Plaintiff owned, are 1,00,000,000, 40,000, 60,000,000, and 60,000,00,000, and the period from October 19, 2016 to April 18, 2017, and the lease deposit was paid to the Plaintiff around that time (hereinafter “instant lease contract”).
B. The Defendant only paid the Plaintiff the monthly rent and management expenses for the portion of one month, and did not pay the rent and management expenses stipulated in the instant lease agreement from November 19, 2016 to April 18, 2017, which is the termination date of the instant lease agreement.
Meanwhile, the Defendant did not pay a total of 471,160 won of the electricity and gas rates of 201 and 305 (i.e., 73,380 won of the electricity rates of 201 and 258,260 won of the gas rates of 201 and 305 (29,500 won of the gas rates of 305,020) on behalf of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9, the purport of the whole pleadings
2. (1) According to the above facts as to the determination on the cause of the claim, the instant lease agreement was terminated on April 18, 2017, and thus, the Defendant is obligated to deliver heading 201 and 305 to the Plaintiff.
(2) The Plaintiff paid on behalf of the Plaintiff the rent of KRW 2,00,000 for five months from November 19, 2016 to April 18, 2017 (=400,000 x 5 months) with respect to the instant lease agreement on the claim for money. The instant lease agreement terminated on April 18, 2017; the Defendant did not pay the electricity and gas rates of KRW 471,160 on the grounds that the Plaintiff did not pay the rent of KRW 2,00 for five months from April 19, 2016.