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1. The Defendant is from the Plaintiff’s KRW 94,00,000 to the second floor among the buildings listed in the separate sheet from January 1, 2019 to the second floor from January 2, 209.
Reasons
1. Facts of recognition;
A. On May 23, 2018, the Plaintiff agreed to lease each building listed in the separate sheet, which is owned by the Defendant, with the Defendant, at KRW 127,00,000, KRW 12,700,000, KRW 12,700, and KRW 12,000, and the lease term, respectively, from July 1, 2018 to June 30, 2020, and delivered each of the above buildings to the Defendant under the said lease agreement.
B. The Plaintiff did not receive monthly payments from the Defendant for July 2018 and for August 9, 2018, and the deposit was also paid KRW 100,000,000 until August 9, 2018.
C. As of August 21, 2018, the Plaintiff and the Defendant modified the lease agreement as of August 21, 2018 to the building indicated in paragraph (2) of the attached Table No. 294.84 square meters of the second floor among the buildings listed in the attached Table No. 2 of the building indicated in the attached Table No. 2 of the building, and to the building indicated in paragraph (1) of the attached Table No. 94,000 of the lease deposit, and the monthly rent of KRW 9,400,000 (excluding the value-added tax after the end of each month), respectively, and the Plaintiff may immediately terminate the contract at the time of arrears of the monthly rent of three years, and the modified matters shall be applied from October 1, 2018.
(hereinafter referred to as “instant lease contract”) D.
The Plaintiff, even after October 1, 2018, was unable to receive monthly rent except for monthly rent of 100,000,000 won (the difference between KRW 100,000,000 and the changed deposit of KRW 94,00,000,000, which was paid by the Plaintiff, was appropriated for the above monthly rent) from the Defendant, and the monthly rent of 3th period (the month of November, 2018, December, 2018, January 1, 2019) was overdue, sent to the Defendant a document verifying the content that “the instant lease is terminated on the grounds of the delinquency in the rent of 3th period.”
The Plaintiff received KRW 10,340,000 (including value-added tax) equivalent to the monthly rent for one period immediately after sending the above content-certified mail to the Defendant.
E. On April 4, 2019, the Plaintiff did not pay monthly rent for at least three months.