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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 23, 2016, among the buildings listed in the separate sheet, owned by the Plaintiff, the Defendant leased 63.00 square meters on the first floor on the part inside the ship, which successively connects each point of 1,00 million won, 60 million won in lease deposit, 60 million won in rent, and 600 million won in rent, from October 23, 2016 to October 23, 2018, among the buildings listed in the separate sheet, owned by the Plaintiff (hereinafter “instant commercial building”).
(hereinafter “instant lease”). The instant lease is governed by the Commercial Building Lease Protection Act.
B. Article 4 of the instant lease agreement states that “If a lessee fails to pay rent more than twice, the lessor may terminate the instant contract.”
The special agreement contains a statement that "five million won out of the lease deposit shall be paid in full after three months and six months."
C. On June 27, 2018, the Plaintiff sent to the Defendant a certificate of the content of demanding the payment of the unpaid lease deposit amount of KRW 5 million, KRW 1.35 million, and joint management expenses of KRW 83,410 as of June 27, 2018. In addition, the Plaintiff notified the Defendant to pay the unpaid lease deposit, rent, and joint management expenses on July 18, 2018, and the lease agreement is terminated pursuant to Article 4 of the instant lease agreement on the ground of the overdue rent of at least two occasions.
“The content certification containing the purport was sent to the Defendant at that time, and the content certification was served to the Defendant.
The Defendant paid the Plaintiff KRW 73,450 on July 3, 2018, and KRW 5,650,00 on July 2018, under the name of rent and joint management expenses for the two period in which the unpaid deposit was paid to the Plaintiff and the overdue payment was made every month thereafter.
[Evidence Evidence: Facts without dispute, entry of Gap evidence 1 to 7, and purport of the whole pleadings]
2. Judgment on the parties' arguments
A. As to Article 10-8 of the Commercial Building Lease Protection Act asserted by the Plaintiff, the Defendant’s delayed rent amount from July 16, 2017 to December 16, 2017 is at least three years.