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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall have the Plaintiff (Counterclaim Defendant) indicated in the separate sheet 1, 2, 3, 4.
Reasons
1. Determination as to the main claim
A. On October 25, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the lease of approximately 30 square meters of the store (hereinafter “instant store”) located in the part of the (Ga) shop connected each of the items in the attached sheet No. 1, 2, 3, 4, 5, and 1, among the real estate listed in the attached list No. 1, which are owned by the Plaintiff, for the lease period of KRW 2,00,000,000, monthly rent, and between December 1, 2014 and December 1, 2016 (hereinafter “instant lease agreement”), and delivered the instant store to the Defendant.
Shed the Defendant delayed to pay the rent from December 2014, and on March 3, 2015, the Plaintiff sent to the Defendant a content-certified mail indicating his intent to terminate the instant lease agreement on the grounds of delay in rent at least twice. At that time, the Plaintiff reached the Defendant.
The defendant currently occupies the store of this case.
Facts that there is no dispute over the grounds for recognition, Gap evidence 1 and 2, and the purport of the whole pleadings.
B. (1) According to the above facts, the instant lease agreement was lawfully terminated.
As such, the Defendant is obligated to deliver the instant store to the Plaintiff following the restoration to its original state, and pay 50,000 won remaining after subtracting 250,000 won from the amount of delayed rent from December 1, 2014 to February 28, 2015, which was paid by the Plaintiff from the amount of 750,000 won, which was paid by the Defendant after the due date for payment, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 21, 2015 to the date of full payment, which was the day following the date on which the copy of the instant complaint was served to the Defendant as requested by the Plaintiff, and delay damages and losses from March 21, 2015 to the date of delivery of the instant store at the rate of 250,000 won per month from March 1, 2015 to the date of late payment.
Dor, the plaintiff and the defendant of this case.