beta
Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The Defendant’s KRW 165,577,910 and January 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On October 16, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the truster of the real estate listed in the separate sheet (hereinafter “instant building”) as well as KRW 100,000,000 for the instant building, monthly rent of KRW 16,50,000 for the instant building (including value-added tax), and from November 30, 2015 to November 30, 2020 for the term of lease.
The part relating to the instant lease agreement is as follows.
Article 3 [Rent] (1) The defendant shall pay the monthly rent to the plaintiff by the end of each month.
(5) Where the defendant has delayed the payment of rent for at least three months even though he/she has paid the rent under paragraph (1), the plaintiff may take measures, such as termination of the contract, cancellation, suspension of the suspension of the supply of heating, suspension of the supply of heating, etc. without the prior peremptory notice, etc., and the defendant shall not raise
Article 7 (Cancellation of Contract and Penalty) (1) In cases where a defendant falls under any of the following subparagraphs, the defendant shall lose the benefit of time, and where the plaintiff has given a peremptory notice to the defendant for a grace period of not less than seven days and no performance thereof is made, the contract may
9. Where the defendant has failed to pay the rent for at least three months;
B. The Defendant paid the Plaintiff KRW 100,000,000 as the lease deposit stipulated in the instant lease agreement, and the instant building operated the restaurant with the trade name “B”.
C. As of the end of September 2017, the Defendant delayed to pay a total of KRW 98,077,910 in excess of the monthly rent of five months.
Accordingly, on October 12, 2017, the Plaintiff sent to the Defendant a certificate of contents demanding the payment of KRW 98,077,910 in arrears by October 20, 2017, and the said certificate reaches the Defendant on October 13, 2017, but the Defendant did not pay the said overdue charge.
The sum of the defendant's overdue rent or unjust enrichment equivalent to the overdue rent is as of April 30, 2018.