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1. The Defendant, from 20,591,816 won to 20,591,816 won, from the Plaintiff, until the completion date of delivery of the real estate listed in the attached Table 1.
Reasons
1. Facts of recognition;
A. On July 10, 2017, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant, setting the period from July 15, 2017 to July 14, 2018, with regard to the instant building, KRW 40 million, monthly rent of KRW 250,000,000 for management expenses (excluding each value-added tax, KRW 15,000 for each month, and KRW 2% for each month), and the period from July 15, 2017 to July 15, 2018. The Plaintiff handed over the instant building to the Defendant on July 15, 2017, and the Defendant paid the deposit of KRW 40,000 to the Plaintiff.
B. On May 16, 2018, when the Defendant delayed payment of the rent, management fee, and value-added tax for the three-year period as of May 16, 2018, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract will be terminated on July 14, 2018 on the grounds of the delinquency in rent for at least three years on the same day, and the Defendant sent to the Plaintiff on June 29, 2018, a certificate of content that he/she would deliver the instant building to the Plaintiff by September 14, 2018, and the Plaintiff implicitly accepted this.
C. As stated in attached Table 2, the unpaid rent, management fee, and value-added tax (hereinafter referred to as “rent, management fee, and value-added tax”) that the Defendant had not paid as of September 14, 2018 are 2,8490,000 won and the unpaid rent, management fee, and value-added tax are 3,128,184 won.
After filing the instant lawsuit to the Plaintiff, the Defendant paid KRW 4070,000,000 on December 11, 2018, and KRW 2 million on January 16, 2019, KRW 2070,000 on January 24, 2019, and KRW 40,70,000 on March 7, 2019.
E. The defendant has been occupying and using the building of this case until now.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on September 14, 2018 due to the implied agreement between the Plaintiff and the Defendant, and the unpaid rent, etc. as of September 14, 2018 is KRW 16,280,00 (a fee paid after the filing of the lawsuit shall be appropriated for the unpaid rent, etc. prior to the filing of the lawsuit) and the late payment charge shall be KRW 3,128,184.