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1. As to KRW 48,866,010 and KRW 45,786,010 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 3,080,000 from September 11, 2015.
Reasons
1. Basic facts
A. On June 30, 2012, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant with a deposit of KRW 20,000,000 (payment date June 30, 2012), monthly rent of KRW 2,80,000, and the lease period from July 1, 2012 to July 1, 2013.
(hereinafter referred to as “instant lease agreement”). B.
Although the Plaintiff delivered the instant real estate to the Defendant, the Defendant did not pay KRW 20,000,000, and did not pay KRW 76,700,000 out of the monthly rent from August 2012 to August 2015.
Accordingly, the Plaintiff and the Defendant settled the unpaid monthly rent of KRW 43,500,000, and agreed to pay the electricity fee from August 2014 to April 2015.
C. Since then, the Defendant did not pay the foregoing unpaid monthly rent and the electricity fee. On August 18, 2015, the Defendant paid the unpaid monthly rent and the electricity fee to the Plaintiff from August 18, 2014 to July 10, 2015.
When the Defendant delayed the payment of the above monthly rent, the Plaintiff notified the Defendant of the termination of the instant lease agreement as the service of the duplicate of the complaint of this case.
Meanwhile, electricity rates from August 2014 to July 2015 pertaining to the instant real estate are KRW 2,286,010 in total.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including the serial number), the purport of the whole pleadings
2. According to the above findings of determination, the Defendant: (a) as to the interest for delay calculated at the rate of 5% per annum prescribed in the Civil Act from July 1, 2012 to August 31, 2015, the following day after the payment date for the electricity charges of KRW 2,286,010, and KRW 20,000 from August 2014 to July 2015, the Defendant received 48,86,010, including KRW 3,080,000, and the aggregate of the monthly rent and the monthly rent of KRW 45,786,00,010, among the interest for delay calculated from July 1, 2012 to August 31, 2015, the Defendant served a copy of the complaint in this case after the date of the payment.