1. The Plaintiff:

A. The Defendants deliver the real estate stated in the separate sheet;

B. The Defendants jointly do so from April 3, 2019.

1. On May 31, 2018, the Plaintiff agreed to lease the real estate listed in the attached Form (hereinafter referred to as “instant real estate”) to Defendant B by entering into an agreement that the lessor may terminate the contract in the event that the lessee fails to pay the lease deposit amounting to KRW 15,000,000, monthly rent of KRW 1,350,000 (a separate amount equivalent to value-added tax), the lease term of KRW 12 months, and the lessee fails to pay the rent for at least two months.

As the mother and child relationship, the Defendants jointly possess the instant real estate, such as engaging in the sales of fire-fighting-related goods with the trade name “D” in the instant real estate.

Since then, as the lessor has been in arrears for more than two months, the Plaintiff, the lessor, around February 22, 2019, notified the same purport several times, such as giving notice of termination to Defendant B, the lessee, and around that time, Defendant C prepared and sent a written confirmation of the payment of the rent in arrears to the Plaintiff.

On April 2, 2019, the remainder of the rent in arrears as of April 2, 2019 is 6,610,000, and accordingly, the Plaintiff seeks a judgment from the Defendants as stated in the purport of the claim.

2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. Part 3 of the dismissal

A. The Plaintiff asserts that the Plaintiff is liable to pay 6,610,000 won in arrears at the rate of 12% per annum from the day following the delivery of a copy of the instant complaint to the day of complete payment.

B. First of all, even if a lease deposit has been granted to a lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship continues.

Therefore, the overdue rent is not naturally deducted from the lease deposit without any separate declaration of intention such as deduction before the termination of the lease contract, but the lessee cannot refuse the payment of the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da211309, Nov. 25, 2016).