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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 2,130 as well as the amount from July 12, 2020 to the date of full payment.
Reasons
1. When a lessee under Article 4 (Termination of a Contract) of the Basic Fact does not pay a rent for the second period of time, or violates Article 3, the lessor may terminate the present contract without delay;
[Matters] Special Agreement - A. On October 12, 2018, the lessor paid interest at an amount equivalent to 6% per annum at the time of delinquency to reach the rent for the second period (monthly rent), and the lessor may terminate this Agreement (see Article 4 of the former Special Agreement). On October 12, 2018, the Plaintiff leased the instant apartment to the Defendant with the term “mark indicating real estate” (hereinafter “the instant apartment”) attached to the Defendant KRW 20 million deposit (payment of KRW 18 million on October 31, 2018), the remainder amount of KRW 90,000 per annum (payment of KRW 2 million on October 31, 2018), and the lease agreement from October 31, 2018 to October 30, 202 (hereinafter “the lease agreement”).
The main contents of the instant lease agreement are as follows.
B. The Defendant paid KRW 20 million to the Plaintiff, and the Plaintiff delivered the instant apartment on October 31, 2018 to the Defendant.
(c)
On October 31, 2019, the Defendant paid KRW 900,000 to the Plaintiff on September 31, 2019.
【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination on the main claim
A. 1) The fact that the Defendant did not pay the Plaintiff the rent from October 2019 to the Plaintiff is without dispute between the parties, and the fact that the duplicate of the instant complaint, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay rent for more than two years, was clearly recorded on March 22, 2020, and thus, the instant lease agreement was terminated on March 22, 2020.
Therefore, barring special circumstances, the defendant is obligated to deliver the apartment of this case to the plaintiff at the same time with the return of the deposit amount of KRW 20 million from the plaintiff.
2) Unless there exist special circumstances, the Defendant runs from October 2019 to the Plaintiff.