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1. The Defendant’s month from April 18, 201 to April 18, 2017 to April 13, 400,000 to April 18, 201.
Reasons
1. Basic facts
A. On September 22, 2014, the Plaintiffs concluded a lease agreement between the Defendant and the instant building with the terms of KRW 20 million, monthly rent of KRW 1.5 million (payment on the 18th day of each month), and the term of lease from October 18, 2014 to October 18, 2016.
(hereinafter “instant lease agreement”. However, at the request of the Plaintiff, 2.4 million won per month out of the monthly rent by the last day of the contract was paid in advance and the remainder of 1.4 million won was paid every month. On the lease contract for tax office’s report, 20 million won was written in advance and 600,000 won per month.
B. From October 18, 2016 to February 18, 2017, the Defendant paid the monthly rent of KRW 600,000 as the subsequent payment, and the monthly rent from March 18, 2017 (based on prior payment) was not paid at all.
C. The sum of the monthly rent that the Defendant failed to pay by March 18, 2017 is KRW 6.6 million, and the Plaintiffs, as the instant complaint, expressed their intent to terminate the instant lease contract as the delivery of the instant complaint.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Further to the above facts of determination on the cause of the claim, the fact that the complaint of this case, which expressed the intention to terminate the instant lease agreement, was served on the Defendant on April 17, 2017, is apparent in the record, and thus, the instant lease agreement was terminated on April 17, 2017.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the unpaid rent.
3. Judgment on the defendant's assertion
A. The Defendant concluded a premium contract with a new lessee with a premium of KRW 15 million prior to the expiration of the instant lease contract, and paid KRW 2 million to a new lessee as a down payment before the expiration of the instant lease contract, and introduced the said new lessee to the Plaintiff.