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1. The Defendant: (a) KRW 1,451,612 to the Plaintiff (Appointed Party) and 5% per annum from July 31, 2018 to February 15, 2019.
Reasons
1. Basic facts
A. On November 13, 2017, the Plaintiff and the designated parties entered into a lease agreement with the Defendant on a deposit amounting to KRW 50 million and KRW 2,500,000 per month on the real estate listed in the separate sheet (hereinafter “instant building”) on which the Plaintiff and the designated parties agreed to exempt the Defendant from rent for a period of two months from the date of the contract due to a special agreement (hereinafter “instant lease agreement”).
B. On February 2018, the Plaintiff sent a notice to the Defendant that the instant lease contract was terminated on the ground that the Defendant violated the purpose of the use of the building stipulated in Article 3 of the instant lease agreement. On July 30, 2018, the Defendant delivered the instant building to the Plaintiff.
C. Meanwhile, the Defendant did not pay the Plaintiff the rent under the instant lease agreement from July 13, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant did not pay the rent from July 13, 2018 to July 30, 2018, which is the delivery date of the instant building. As such, the Defendant is obligated to pay the Plaintiff the overdue rent of KRW 1.5 million and the damages for delay for the said overdue period. In addition, according to the instant lease agreement, the Defendant is obliged to exempt the Defendant from the obligation to pay the rent for a period of two months from the date of the instant lease agreement. However, the Defendant failed to perform its obligation under the instant lease agreement, such as the Defendant’s failure to pay the rent, and thus, the Defendant is obliged to pay the Plaintiff the rent of KRW 2.5 million and the damages for delay for the two months from the said exemption period.
3) Lastly, the Defendant is obligated to pay the Plaintiff the restitution cost of KRW 1.6 million and delay damages incurred by the Plaintiff after the delivery of the instant building. (B) Determination 1) The judgment on the overdue rent claim is examined, and the Defendant is on July 13, 2018.