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1. The defendant shall pay to the plaintiff KRW 38,115,00 and KRW 34,650,00 among them to the day of complete payment.
Reasons
1. Basic facts
A. On October 3, 2005, the Plaintiff leased to the Defendant the entire factory and part of the 1,2 stories of the 1,000,000, monthly rent of KRW 3,000,000, monthly rent of KRW 15,000, monthly rent of KRW 15,000, monthly rent of KRW 15,000, and the lease period of October 15, 2005.
B. On September 1, 201, the Plaintiff entered into a contract with the Defendant on a deposit of KRW 35,00,000 for the instant building, KRW 3,500 for the monthly rent, KRW 3,500 for the monthly rent (excluding value-added tax), the last day of each month, the lease period from September 1, 201 to 12 months for the instant lease contract (hereinafter referred to as “instant lease contract”). The lessee of the instant lease contract pays the lessor a late payment penalty of KRW 2% for the delayed payment of rent (Article 4), and the lessee pays the lessor a late payment of the rent by adding the rent of KRW 10% for the following month.
C. The lease deposit amount of KRW 30,000,000 based on the lease agreement stipulated in paragraph (1) of Article 1 was fully deducted from the overdue rent around August 1, 201, and the Defendant did not pay the Plaintiff the lease deposit under the instant lease agreement.
From November 2013 to July 2014, the Defendant delayed the payment of monthly rent. On August 4, 2014, the Plaintiff sent to the Defendant a document verifying the content that the lease contract is terminated on the ground that the monthly rent is unpaid. The above content certification reached the Defendant around that time.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, the defendant sought against the plaintiff about the overdue rent and the agreed delay damages in total of 38,115,000 won [(3,850,000 won x 9 month x 3,850,000 won x 9 month x 10%) and the overdue rent of 34,650,00 won.