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1. The Defendant, from 30,000,000 to 30,000 won, is the first floor entertainment tavern of the building as indicated in the attached Table 1 from June 5, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 22, 2014, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) a lease agreement with the Defendant to lease a part of 330 square meters in the attached Form 2 (A) connected each point of the attached Table 1-12 and 1, among the 363.78 square meters of the 1st floor entertainment bars of the building listed in the attached Table 1 list; (b) the Plaintiff entered into a lease agreement with the Defendant:
(hereinafter “Lease”). - Term of lease: From February 5, 2014 to February 4, 2016: - Lease deposit: 30,000,000 won - Rent: 3,410,000 won per month (including value-added tax) and five days per month.
B. On March 8, 2016, the Defendant paid the rent for November 2015 (from November 5, 2015 to December 4, 2015). As of April 4, 2016, the Defendant delayed to pay the rent for the portion used after December 5, 2015.
On April 5, 2016, the Plaintiff filed the instant lawsuit with the purport to terminate the instant lease agreement and seek to deliver the instant building on the grounds of the foregoing delinquency in rent, and the duplicate of the complaint was served on the Defendant on April 8, 2016.
C. The Plaintiff paid that the unpaid rent was the difference for the portion used until June 4, 2016 during the process of the instant lawsuit.
The defendant occupying the building of this case has been occupying and using the building of this case until now.
[Ground of recognition] without any dispute, entry of Gap's 1 to 5, Eul's 1 and 2;
2. According to the facts of recognition on the duty to deliver a building, the lease contract of this case was lawfully terminated and terminated by the plaintiff's notification of termination on the ground of not less than two years of overdue delay. The defendant's duty to deliver the building of this case to the plaintiff and the plaintiff's duty to pay the defendant the remainder after deducting the amount of overdue rent and unjust enrichment equivalent to the rent from the lease deposit.
Therefore, the Defendant’s lease deposit from the Plaintiff to the completion date of delivery of the instant building from KRW 30,000,000.