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1. The Plaintiff:
A. Defendant B from September 3, 2015 to KRW 9,400,000 from the Plaintiff, the first floor of the buildings indicated in the separate sheet from September 3, 2015.
Reasons
1. Facts of recognition;
A. On April 3, 2015, the Plaintiff leased the first floor 25 square meters (hereinafter “instant store”) among the buildings listed in the attached list to Defendant B by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 650,000, and from April 3, 2015 to April 3, 2018. At that time, the Plaintiff handed over the instant store to Defendant B.
On the other hand, Defendant C is jointly occupying the store of this case with Defendant B as his father and wife.
B. The Plaintiff received KRW 2,600,000, out of the total amount of rents from Defendant B from April 3, 2015 to July 2015 (=650,000 x 4 months) and KRW 50,000, out of the rent for August 3, 2015 (from August 3, 2015 to September 2, 2015).
C. Defendant B did not pay KRW 600,000 out of the rent for August 2015, and did not continuously pay the rent from September 3, 2015 (the rent from September 3, 2015) and did not reach the delayed amount of the rent for a period of three years. As such, Defendant B sent a notice of the termination of the lease agreement to Defendant B on this ground, the Plaintiff sent it to Defendant B on February 11, 2016, and the said notice reached Defendant B around that time.
[Ground for recognition] Defendant B: The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 5 (including paper numbers), and the purport of the whole pleadings under Article 150(3) of the Civil Procedure Act
2. According to the facts established prior to the determination as to the cause of the claim, the lease contract between the Plaintiff and the Defendant B was lawfully terminated on or around February 11, 2016, and as such, Defendant B is obligated to deliver the instant store to the Plaintiff at the same time with the remainder of lease deposit calculated by deducting the rent of KRW 9,400,000 from the remainder of lease deposit (i.e., KRW 10,000,000 - unpaid rent of August 3, 2015 - unpaid rent of KRW 600,000) from the Plaintiff and the unpaid rent of KRW 650,000 from September 3, 2015 to the completion date of delivery of the instant store, and Defendant C is obligated to deliver the instant store to the Plaintiff.
3. Thus, the plaintiff's claim of this case against the defendants is justified.