Text
1. The defendant shall be the plaintiff.
(a) deliver the second floor of 199.70 square meters among the buildings listed in the attached list;
B. From September 13, 2017, the same shall apply.
Reasons
1. Basic facts
A. On April 3, 2015, the Plaintiff entered into a contract with the Defendant to lease the entire 199.70 square meters of the second floor among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant store”) with the following content (hereinafter “instant lease contract”). The Defendant is occupying and using the instant store from April 13, 2015 upon delivery.
(1) Deposit amount: 100 million won. (2) The monthly rent from April 13, 2015 to April 13, 2020 shall be KRW 8.5 million for one year from April 13, 2015 to March 13, 2020.
(W) The contract shall be deemed to be the monthly rent for one year from April 13, 2014 to April 13, 2015, but it seems to be a clerical error in the above period. Moreover, there is a dispute between the parties as to the surcharge portion, which is examined in paragraph (2) below. (4) The management fee shall be KRW 1 million per month, and the surcharge shall be separately paid.
B. The fact that the Plaintiff and the Defendant increased the monthly rent of the instant lease agreement from April 2016 to KRW 9.5 million is without dispute between the parties.
C. From July 2016, the Defendant did not pay monthly rent, etc. to the Plaintiff, and the Plaintiff expressed to the Defendant that the instant lease contract is terminated on the ground of overdue rent upon delivery of a duplicate of the instant complaint.
With regard to accounts payable or unlawful gains under the instant lease agreement, the monthly rent that the Defendant accrued from July 2016 to August 2017 is the aggregate of 146,30,000 won [the monthly rent of KRW 9,50,000 + the surcharge of KRW 950,000 + the surcharge of KRW 950,000] x 14 months], management expenses are the aggregate of 15,400,000 won [the monthly management expenses of KRW 1,00,000 + the surcharge of KRW 1,000 + the surcharge of KRW 10,000] x 14 months]; the exclusive electricity fee of KRW 13,260,000; and the exclusive water fee of KRW 4,463,00 in aggregate is the exclusive water fee of KRW 463,00.
(Specific Details are as shown in the Appendix 2 List). [The fact that there is no dispute, Gap 1-20 evidence (including each number, all the arguments).