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1. The defendant
(a) deliver one underground floor among the real estate listed in the annex;
(b) 10,450,000 won and its interest;
Reasons
1. Facts of premise;
A. On February 10, 2017, the Plaintiff leased the first underground floor among the real estate stated in the attached Form to the Defendant as KRW 15,000,000, monthly rent of KRW 1,600,000, monthly management expenses of KRW 200,000 (in excess of each month, prepaid payment and value-added tax separate), and the lease period of March 10, 2017 to March 9, 2018.
B. At the time, the Defendant paid KRW 1,650,000 as monthly rent instead of being deferred on June 9, 2017, instead of being granted a grace period on June 9, 2017, but did not pay the said deposit amount, and thereafter, paid KRW 1,700,000 as monthly rent.
C. Meanwhile, Article 4 of the instant lease agreement provides that a lessor may terminate the lease agreement if the lessee’s overdue overdue interest reaches at least three terms. The Defendant did not fully pay the monthly rent management expenses, etc. from August 10, 2017.
Accordingly, on December 4, 2017, the Plaintiff sent to the Defendant a certificate of content that the lease contract shall be terminated if the unpaid monthly rent, etc. is not paid by December 11, 2017. The Defendant did not pay a monthly rent, etc. after receiving the above certificate of content.
[Ground of recognition] Facts without dispute, Gap 2-4 evidence, the purport of the whole pleadings
2. Determination
A. According to the premise for the duty to deliver the leased object, the Defendant refused to pay three or more months unpaid, by sending to the Plaintiff a certificate of the fact that the instant lease agreement was terminated at the time of unpaid payment on December 11, 2017, setting the deadline around December 4, 2017.
Therefore, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the object of this case to the plaintiff.
B. According to the premise (i) that the unpaid monthly rent and the return of unjust enrichment equivalent to the monthly rent should be returned, the Defendant is liable to the Plaintiff for the monthly rent and the amount equivalent to the value-added tax, which shall be paid in advance on August 10 to December 12, 2017.