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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 24, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 2,00,000, monthly rent of KRW 200,000, and the term of lease from July 24, 2017 to July 23, 2018 (hereinafter “instant lease agreement”).
(B) The term of the instant lease contract was extended by July 23, 2019.
The Defendant received the delivery of the instant store in accordance with the instant lease agreement and used it until the date of the closing of argument in the instant case.
C. The Defendant did not pay the rent from April 2019 to July 2019 for more than three months. D.
The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendant’s delay for more than three years. On August 1, 2019, the duplicate of the instant complaint was served on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent for at least three years.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 200,000 per month from April 1, 2019 to the day when the delivery of the instant store was completed.
B. As to the Defendant’s assertion, the Defendant did not pay the monthly rent for five months from August 2018 to December 2012. However, around March 2019, the Plaintiff paid the unpaid rent of KRW 1,00,000 to the Plaintiff at one time. Since then, even if the Plaintiff paid the rent for April 5, 2019 in sequence, the Plaintiff refused to receive the rent thereafter.