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Reasons
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(영문) 광주지방법원장흥지원 2019.01.16 2018가단269
건물명도 등
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1. From 2,274,00 won to 2,274,00 won, the Defendant indicated in the separate sheet from October 1, 2018 to 3,4,5, among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 30, 2016, the Plaintiff leased the lease deposit amount of KRW 10,00,000, monthly rent of KRW 30,000 (including public charges) and the lease period of KRW 300,00 from October 1, 2016 to September 30, 2018, to the Defendant, who connected each point of (a) part of (a) part of 76 square meters (hereinafter “instant real property”) among the real property listed in the attached Form, in sequence, in the order of indication 3,4,5,6, and 3 of the attached Form.

(hereinafter referred to as “instant lease agreement”). B.

After paying the lease deposit to the Plaintiff, the Defendant received the above real estate from the Plaintiff, and up to now operates the c’s spons.

C. Around October 2016, the Plaintiff and the Defendant agreed to pay KRW 250,00,000 to the Plaintiff, including public charges, on condition that the Defendant did not delay rent. The Defendant paid KRW 250,000 to the Plaintiff from October 2016 to December 2016.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. As the instant lease agreement concluded after September 30, 201, which was the expiration date of the contract term, the Defendant is obligated to deliver the said real estate to the Plaintiff, barring special circumstances.

3. The Plaintiff, as to the claim for money, sought payment of KRW 4,500,00 for overdue interest from January 2017 to March 2018, and KRW 1,426,00 for restitution costs, and for delay damages.

According to the purport of Gap evidence 2, 5, and 6-1, 6-2 and all pleadings, the defendant did not pay the rent from January 2017 to the present day. The lease contract in this case can be acknowledged that there exists an agreement to reinstate upon termination of the contract, and that KRW 1,426,00 is required at the cost of reinstatement.

Since the rent of KRW 250,00 was in arrears by the Defendant from January 2017, on the condition that the rent does not overdue due to the agreement on rent and the additional agreement, the rent of KRW 250,00 was in arrears by the Defendant. Therefore, the Defendant becomes in KRW 300,000 according to the original contract.

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