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1. The defendant
(a) 1, 2, 3, 4, 5, 6, 7.7. of the buildings listed in the separate sheet, on the 5th floor indicated in the separate sheet;
Reasons
1. Basic facts
A. On August 1, 2017, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease term of KRW 140.28 square meters in part on the ship, which is to successively check each point of Section 1, 2, 3, 4, 5, 6, 7, 8, and 140.28 square meters in the attached drawings, among the buildings listed in the attached list, from August 1, 2017 to August 31, 2018, the lease term of KRW 2,00,000 in the monthly rent (excluding additional tax), management fee of KRW 50,000 (excluding additional tax), respectively, on the unpaid rent and management fee of KRW 19% per annum, with the overdue interest rate of KRW 19% per annum to the Defendant.
B. From August 2017 to May 2018, the Defendant delayed 28,462,684 won in total due to the Plaintiff’s failure to pay rent, management fee, etc., and accordingly, the agreed delay damages incurred KRW 1,943,300 as of May 31, 2018.
[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 5, and the purport of whole pleadings
2. Determination:
A. Prior to the determination on the cause of the claim, the facts revealed in the record that the copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate the lease contract of this case on the grounds that the Plaintiff had been paid at least two occasions, etc., was served on the Defendant on June 11, 2018. Accordingly, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, and to pay to the Plaintiff the amount of KRW 30,405,984 ( = 28,462,684 won) and the amount of KRW 28,462,684 from June 1, 2018 to the date of full payment, 19% per annum, which is the delay in payment, from June 1, 2018 to the date of complete delivery of the leased object of this case.
B. As to the Defendant’s defense and its determination, the Defendant stipulated in the instant lease agreement in terms of unpaid rent, etc.