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1. A lease contract concluded on June 25, 2012 between the Plaintiff and the Defendant with respect to the building Nos. 203 in Kimpo-si C and D.
Reasons
1. Facts of recognition;
A. On June 17, 2012, the Defendant acquired the right to operate the instant commercial building from G, which is operating in the name of “F”, and concluded a lease contract with the Plaintiff and the instant commercial building owner in the form of KRW 50 million, monthly rent of KRW 3 million (excluding value-added tax), and entered into a lease contract with the term of lease from June 29, 2012 to June 28, 2014 (Evidence A) with the following special agreement, and the value-added tax shall be paid in lump sum every six months.
(hereinafter referred to as “the lease of this case”). The lease of this case is a contract under the present condition of the facility. Upon termination of the contract, restoration to its original state shall be restored to its original state, not to the present F state.
The overdue interest shall be paid from the due date to the actual payment date for the amount in arrears, which shall be calculated by the ratio of the due date (within 19%) to the due date of the payment from the due date of the lease.
B. On June 30, 2015, the Defendant expressed to the Plaintiff the intent to terminate the lease of this case, and the Plaintiff demanded the Defendant to restore the commercial building of this case to its original state before July 1, 2015, around July 1, 2015.
Accordingly, on July 22, 2015, the Defendant removed the facilities inside the instant commercial building, settled and paid management expenses to the management office, and returned the keys to the instant commercial building, and moved out from the instant commercial building.
C. Meanwhile, the monthly rent that the Defendant paid to the Plaintiff by July 22, 2015 is as listed in the attached Table 1, while the value-added tax is as listed in the attached Table 2.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, 9, 10 (including each number in the case where there are virtual numbers), Eul evidence 1 through 5, the purport of the whole pleadings and arguments]
2. The parties' assertion
A. The plaintiff 1 on the delivery date of the commercial building of this case did not complete reinstatement, and it was finally discussed.