beta
Text
1. The defendant shall be the plaintiff.
A. Of the buildings listed in attached Table 1. Paragraph 1 of this Article, part 1 of the 1st floor indicated in the drawings of paragraph 2 is 93.36 square meters.
Reasons
1. On October 5, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on a deposit of KRW 10,000,000 for the first floor and KRW 93.96 square meters among the buildings listed in attached Table 1, with respect to the lease deposit of KRW 600,000 for the tea, and the lease term of KRW 60,000 for the tea, and the lease term of October 4, 2017 (hereinafter “instant lease agreement”). The Defendant reported the business as listed in attached Table 2 on the said building and operated a general restaurant business.
However, the Defendant did not pay the Plaintiff KRW 1,800,000 for monthly rent of 3 times, and did not pay the electricity and water fee in arrears.
Accordingly, on June 27, 2016, the Plaintiff sent a letter verifying that the instant lease agreement will be terminated by failing to pay the rent to the Defendant. On July 8, 2016, the Defendant agreed to deliver the said building if the payment is not made. On July 8, 2016, the 30-day portion out of the rent in arrears to the Plaintiff is up to July 25, 2016, and the remainder is up to 1.2 million won per month.
However, the Defendant did not pay the overdue rent even thereafter, and the Plaintiff terminated the instant lease contract by serving a duplicate of the instant complaint on the grounds of the Defendant’s delinquency in rent, etc.
Therefore, since the instant lease contract is deemed terminated, the Defendant is obligated to deliver the said building to the Plaintiff by restoring it to its original state, and pay the Plaintiff the rent of KRW 1,800,000 from July 21, 2016 to the day the delivery of the said building is completed, at the rate of KRW 600,000 per month from July 21, 2016 to the day the delivery of the said building is completed, and the Defendant is obligated to report the closure of the business report in the leased building.
(See Supreme Court Decision 2008Da34903 Decided October 9, 2008). 2. Determination by deeming confessions as grounds for recognition (Article 208(3)2 of the Civil Procedure Act)
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.