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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) from September 25, 2015, entry in the separate sheet.
Reasons
1. Facts of recognition;
A. On August 24, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 10 million with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), KRW 1350,000 per month of rent, KRW 1350,000 per month of rent, and the separate management expenses, and the period of August 24, 2016.
B. From September 25, 2015, the Defendant did not pay a rent under the instant lease agreement. Accordingly, on February 25, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that at least two rents were overdue.
C. The management expenses that the Defendant did not pay from November 2015 to January 2016 are KRW 1,192,810.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 5, and the purport of the whole pleadings
2. Determination:
A. According to the above facts, the instant lease contract was lawfully terminated due to the Defendant’s delinquency in paying two or more vehicles.
As such, the Defendant is obligated to deliver the instant apartment to the Plaintiff, pay the amount calculated at the rate of 1,50,000 won per month from September 25, 2015 to the delivery date of the instant apartment from November 2015 to the delivery date of the instant apartment, and to pay damages for delay calculated at the rate of 1,192,810 won per annum as stipulated in the Civil Act from June 4, 2016 to June 24, 2016, the day following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, to the management expenses that the Defendant did not pay to the Plaintiff from November 25, 2015 to January 2016, and to pay damages for delay calculated at the rate of 1,55% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
B. The plaintiff suffered damages of 1.5 million won, such as brokerage commission, as the plaintiff terminated the instant lease agreement prior to the expiration of the contract term due to the defendant's default on the obligation under the instant lease agreement. Thus, the defendant is liable to compensate the plaintiff for damages.