beta
Text
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. The costs of appeal and the costs of appeal shall be based on the trial.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 1 and 2 may be acknowledged by taking into account the whole purport of the pleadings:
The plaintiff is engaged in the processing and sale of livestock products in the name of "D", and the defendant is the owner of the first basement and third floor building in the militaryposi City C.
B. On March 27, 2013, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant to lease the whole floor of the instant building owned by the Defendant (hereinafter referred to as “the instant building”) from March 27, 2013 to March 27, 2015, the lease deposit amount of KRW 40,000, monthly rent of KRW 300,000, monthly rent of KRW 3000,000, and the rent payment date of KRW 27, respectively, with the stipulation that “if the Plaintiff delays the monthly rent, the Defendant may suspend the supply of electricity, water, etc. to the Plaintiff,” and thereafter, used the instant building as a livestock product processing plant by taking over the instant building from around that time.
C. As the Plaintiff did not pay the rent that was agreed upon under the instant lease agreement, on June 24, 2014, the Defendant sent to the Plaintiff a written notification stating that the Plaintiff would conduct a part of the instant building according to the instant lease agreement without paying the rent that was overdue (hereinafter “instant notification”) by content-certified mail, which was served on the Plaintiff around that time.
Nevertheless, as the Plaintiff did not pay the overdue rent to the Plaintiff on July 1, 2014, the Defendant paid the overdue rent to the Plaintiff on July 4, 2014, and if the Plaintiff did not pay the overdue rent up to 09:00 on July 4, 2014, “A notification stating that the suspension of the part of the instant building would take measures on July 10, 2014 pursuant to the instant special agreement,” which was July 1, 2014.