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1. The Defendant shall pay to the Plaintiff KRW 16,145,077 and the interest rate of KRW 15% per annum from August 3, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On April 18, 2014, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet owned by the Crocco Asset Trust (hereinafter “instant real estate”), with respect to which KRW 7 million, monthly rent of KRW 1.4 million (excluding value-added tax), and the lease term was from April 18, 2014 to April 17, 2016, and received KRW 7 million from the Defendant on April 18, 2014.
The main contents of the instant lease agreement are as follows.
Article 2 (Monthly Tax) (1) A lessee shall pay the monthly rent of KRW 1,400,000 (excluding value-added tax) in the late payment on the 10th of each month.
(3) When a lessee fails to pay a monthly rent, he/she shall pay the arrears of 15 percent per annum for each number of days in arrears.
Article 3 (Management Expenses, etc.) In addition to Monthly Taxes, the following shall be borne by the lessee:
(1) If the lessee fails to pay the monthly rent (Article 2) three or more times (limited to cases where the continuous arrears are not caused) of the object of lease (1) under Article 7 (1) of the Fire Insurance Act.
Article 13 (Special Matters) (2) A lessor shall clarify that he does not assume any obligation with respect to the sub-lease contract between the sub-lessee (a lessee under the instant lease contract) and the Jin Jin Pung (a stock company).
B. The Defendant did not pay rent from August 2015 (from July 11, 2015 to August 9, 2015, as the date of payment was agreed, and the date of payment was August 10, 2015). The Defendant delivered the instant real estate to the Plaintiff on May 28, 2016 during the instant lawsuit. The sum of overdue rent, including value-added tax, from August 2015 to the delivery date of the said real estate, and interest on the overdue rent, including the value-added tax, is KRW 16,143,917 as listed below.
C. The Defendant has delayed the management expenses from December 2014, and the management expenses in arrears as of May 28, 2016, which is the delivery date of the instant real estate.