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1. The defendant,
A. From 2.2 million won to 2.2 million won, a drawing is attached to the buildings listed in the separate sheet from November 11, 2018.
Reasons
1. Facts of recognition;
A. On April 1, 2014, between the Defendant and the Defendant, the Plaintiffs entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that approximately KRW 52.38 square meters of the portion (A) in the attached Form No. 2, 3, 4, 5, 6, 7, 8, 9, and 2 of the building indicated in the attached Table among the buildings indicated in the attached Table are to be leased to the Defendant by setting the deposit amount of KRW 5 million, KRW 300,000 per month, and the period from April 11, 2014 to April 10, 2016 (hereinafter “instant lease agreement”).
B. The Defendant paid a deposit of KRW 5 million to the Plaintiffs, and received the instant real estate. On April 11, 2016, the instant lease agreement was implicitly renewed.
C. As of October 10, 2018, the Defendant did not pay the rent of KRW 2.5 million.
The plaintiff declared to the defendant that the lease contract of this case is terminated by the delivery of a copy of the complaint of this case on the grounds of the defendant's delinquency in rent.
【Ground for Recognition: Unsatisfy Facts, Gap 1 and 2 evidence, the purport of the whole pleadings】
2. The assertion and judgment
A. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on the ground of the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to pay the following amount calculated by the ratio of the unpaid rent of KRW 2.5 million as of October 10, 2018 and the monthly rent of KRW 300,000 from October 11, 2018 to the completion date of delivery of the said real estate.
B. The Defendant’s defense: (a) paid a deposit of KRW 5 million to the Plaintiffs; and (b) paid KRW 1.9 million with the repair cost of the instant real estate; and (c) the Defendant’s unpaid rent of KRW 2.3 million by October 10, 2018. As such, the Defendant’s defense was paid KRW 5 million with the deposit of KRW 5 million and the beneficial cost of KRW 1.9 million after deducting the unpaid rent of KRW 2.3 million from the amount of KRW 6.6 million. At the same time, the real estate of this case is handed over to the Plaintiffs.