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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On April 9, 2010, the Defendant leased a deposit of KRW 10 million, monthly rent of KRW 1.4 million (payment on April 8, 201), and from April 9, 2010 to April 8, 2012, the Plaintiff leased the three-story neighborhood living facilities and detached houses of KRW 49 square meters on one story (hereinafter “instant commercial building”) among the three-story neighborhood living facilities and detached houses on the land owned by the Plaintiff, and operated convenience points at all places.
B. On July 7, 2014, the Plaintiff and the Defendant concluded a new lease agreement (hereinafter “instant lease agreement”) with the period from July 7, 2014 to July 6, 2016, setting the deposit amount of KRW 15 million, monthly rent of KRW 15 million, and the period from July 7, 2014 to July 6, 2016. Accordingly, the Defendant additionally paid the deposit increased to the Plaintiff.
C. After the instant lease contract was implicitly renewed, the Plaintiff and the Defendant calculated the first lease contract on May 9, 2017 in the instant lease agreement as one-month rent from the 9th day to the 8th day of the following month, and the instant lease agreement changed from the 7th day of each month to the 6th day of the following month. However, there was no separate calculation, and the monthly rent payment date was agreed at the 9th day of each month to the 9th day of each following month. Thus, from the 9th day of each month to the 8th day of each following month, the monthly rent is also calculated as the 1-monthly rent.
In addition, according to the method requested by the plaintiff, the monthly rent is defined as the monthly rent from the 9th to the 8th day of the month.
For example, the rent for May 2017 is the monthly rent from April 9, 2017 to May 8, 2017, and the date of payment will be May 9, 2017.
From September 2017, it agreed to reduce 200,000 won per month for five-month vehicles from September 2017.
The Defendant did not pay 100,000 won out of the monthly rent to the Plaintiff on October 2017. The Defendant paid 1,500 won out of the monthly rent to the Plaintiff.