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1. The defendant shall be the plaintiff.
A. Of the buildings listed in the separate sheet, each point of the attached sheet Nos. 4, 5, 6, 7, and 4 shall be in sequence.
Reasons
1. Basic facts
A. On March 31, 2014, the Plaintiff sub-leaseed to the Defendant the amount of KRW 20,000 of the sub-lease deposit, monthly rent of KRW 3,300,00,00, the amount of the sub-lease deposit to KRW 10,000,000, monthly rent of KRW 4,5,6,7, and monthly rent of KRW 460,000, respectively, among the buildings indicated in the attached Table, which were leased by the Plaintiff on March 31, 2014.
(hereinafter “instant sub-lease contract”). (b)
The sub-lease contract of this case provides that the sub-lease may terminate the sub-lease contract of this case immediately if the amount of the arrears of the sub-lease of this case reaches the amount of the rent of two years (Article 4), and the sub-lease cannot claim the expenses to the sub-lease for any reasons, such as store premium and facility expenses, beneficial expenses, necessary expenses, and director expenses.
C. The Defendant only remitted KRW 2,180,000 to the Plaintiff’s account on April 5, 2018, but has not paid monthly rent since February 2018, and continues its business at the instant store.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, images of Gap evidence 8, purport of whole pleadings
2. The parties' assertion
A. As the Plaintiff did not pay monthly rent after February 5, 2018, the Plaintiff and the Defendant deducted the monthly rent from the deposit for sub-lease, and the Plaintiff and the Defendant agreed to deduct the rent of KRW 12,180,000 from the deposit for sub-lease for three months from February 2, 2018 to April 2 of the same year (=4,060,000 x 3 months) and remitted the remainder of KRW 2,180,000 to the Plaintiff on April 5, 2018.
Since the defendant did not pay monthly rent thereafter, the plaintiff will terminate the sub-lease contract of this case by serving a copy of the complaint of this case.
Therefore, the Defendant delivered the instant store to the Plaintiff, and thereafter, from May 1, 2018 to August 31, 2018, the rent of KRW 16,240,000 and the rent of KRW 16,240,00 from September 1, 2018.