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1. The defendant shall be the plaintiff.
(a) deliver 38.98 square meters (101) of the 1st floor office among the buildings listed in the attached list;
(b) 930.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged if the whole purport of the pleadings was added to each entry in Gap evidence Nos. 1 to 3.
On April 1, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 1,00,000 won, monthly rent of KRW 3,10,000 (pre-paid on April 1, 201), and the period from April 1, 2014 to April 1, 2015 (hereinafter “instant lease agreement”). The Defendant used the instant building on delivery from April 1, 2014.
B. After the Defendant leased the instant building, the Defendant began to pay only the rent for April 2014 and delayed payment from May 3, 2014. The Plaintiff sent a content-certified mail demanding the Defendant to deposit within seven days from May 3, 2014 and June 6, 2014, but the Defendant refused to comply therewith.
2. Determination
A. According to the above facts of recognition, the Defendant is in arrears with the amount of two or more rents, and for this reason, the fact that the duplicate of the complaint of this case containing an expression of intent to terminate the instant lease contract was served on the Defendant on August 18, 2014 is apparent in the record. Thus, the instant lease contract was terminated on August 18, 2014.
B. Therefore, the Defendant delivered the instant building to the Plaintiff on the ground of the termination of the instant lease agreement, and KRW 930,000,000 in total, from May 2014 to July of the same year (i.e., KRW 310,000: KRW 310,000) and as to the overdue interest accrued from the date of payment after the date of payment, 5% per annum under the Civil Act from August 18, 2014 to February 3, 2015, which is clearly recorded that the date of delivery of a copy of the instant complaint, as sought by the Plaintiff, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.