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1. The defendant received KRW 10 million from the plaintiff at the same time with the payment of KRW 10 million to the plaintiff
(a) Mangsan-dong, Sinsan-si C;
Reasons
1. Facts of recognition;
A. On September 12, 2014, the Plaintiff: (a) determined on September 12, 2014, the term “the lease contract may be terminated if the lessee fails to pay the monthly rent to the Defendant at the second period; (b) the lease contract may be terminated” (Article 5 of the lease contract) with the Plaintiff’s KRW 10 million, monthly rent of KRW 650,000,000; and (c) the term of lease from September 26, 2014 to September 25, 2016.
(hereinafter “instant lease agreement”). B.
The Defendant paid the above lease deposit to the Plaintiff at the time of the conclusion of the instant lease agreement, and possessed and used the instant commercial building until now.
C. The Defendant paid only the rent to the Plaintiff by October 25, 2015, and did not pay the rent up to the day. As of June 17, 2016, the Defendant did not pay the management fee of KRW 365,167 (the management fee of KRW 331,970) for January 2016, and KRW 414,106 (the management fee of KRW 376,460) for February 2015.
On January 11, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds that the payment of two or more rents was delayed, and reached the Defendant around that time.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was that the Plaintiff had failed to pay the rent and terminated the instant lease agreement. As such, the Defendant is obligated to return the lease deposit of KRW 10 million from the Plaintiff to the Plaintiff at the same time, and the Defendant is obligated to deliver the instant commercial building to the Plaintiff. The Defendant is obligated to the Plaintiff to deliver the unpaid rent of KRW 1950,000 (650,000 x 3 months) from October 26, 2015 to January 25, 2016, ② the management fee of KRW 331,970 for January 2016, ② the management fee of KRW 331,970 for the instant lease, and ③ the Defendant has failed to pay the rent, and thus, is forced