Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) KRW 23,00,000 and this shall be applicable thereto.
Reasons
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (4) and the purport of the entire pleadings.
A. On October 27, 2018, the Defendant leased from the Plaintiff real estate listed in the separate sheet, which is a commercial building under the Commercial Building Lease Protection Act (hereinafter “instant building”), KRW 60,000,000, monthly rent of KRW 5,500,000 (including value-added tax, and payment on the 11th day of each month), and from October 27, 2018 to November 11, 2020.
(hereinafter “Lease of this case”). (b)
As the Defendant’s overdue overdue charge exceeds the three-year overdue charge, the Plaintiff urged the Defendant to pay the overdue charge on July 2, 2019, and then the Plaintiff was in arrears of KRW 28,500,000 in excess of the three-year overdue charge on July 29, 2019, and thus the lease of this case is terminated.
“The instant suit was filed with the content of the instant case
(Service Date: August 16, 2019). (c)
On October 12, 2019, the Defendant paid KRW 5,500,000 to the Plaintiff in arrears.
2. According to the above facts of determination, since the lease of this case was lawfully terminated due to the defendant's delinquency in payment, the defendant delivered the building of this case to the plaintiff and paid 23,500,000 won in arrears (=the above 28,500,000 won - the above 5,500,000 won), and as to the above, 5% per annum under the Civil Act from August 17, 2019 to November 12, 2019, which is the date of delivery of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and the defendant has the obligation to pay the rent of this case to the plaintiff at the rate of 5,500,000 won per annum from August 11, 2019 to the completion date of delivery of the building of this case.
In this regard, the defendant's assertion that he seeks the wife as a result of management difficulties, family affairs, etc., but it does not constitute a ground for rejecting the plaintiff's claim, so it cannot be accepted.
3...