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1. The remainder of the judgment of the first instance, excluding the claim for the cancellation of business registration, shall be as follows:
Reasons
1. Basic facts
A. On September 3, 2015, the Plaintiff entered into a lease agreement with the Defendant to pay KRW 200,00,000, monthly rent of KRW 12,100,000 (including value-added tax on September 15, 2015) and the lease period from September 15, 2015 to September 14, 2017, and to pay KRW 20,000 on the date of the contract. The Plaintiff paid KRW 130,00,000 on September 15, 205, along with the delivery of the instant cartel, and the intermediate payment of KRW 130,00,000,00 on October 31, 2015 (hereinafter “instant lease agreement”).
B. On September 15, 2015, the Defendant paid the Plaintiff the intermediate payment of KRW 130,000,000 on the date of the contract, and received the instant telecom. At that time, the Defendant began to conduct the telecom business after completing business reports and business registration, such as the attached Table 2 list.
C. The Defendant did not pay to the Plaintiff any remainder of KRW 50,000,000, and paid only KRW 12,100,000 for September 14, 2015, and KRW 12,10,000 for October 15, 2015, and did not pay to the Plaintiff the remainder.
On November 25, 2015, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of remainder and unpaid rent, and the Defendant received it around that time.
E. On February 29, 2016, the Plaintiff filed the instant lawsuit claiming that the instant lease contract was terminated due to the unpaid rent at least twice by the Defendant.
The duplicate of the instant complaint was served on June 22, 2016 on the Defendant.
F. On December 26, 2016, the Plaintiff was handed over the instant telecom by the Defendant pursuant to the judgment of the first instance court of the provisional execution declaration book.
[Reasons for Recognition] Facts without dispute, obvious facts in record, Gap evidence 2 through 5, 8, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the instant lease agreement is served on June 22, 2016 with a copy of the instant complaint containing an expression of intent to terminate.