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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. Basic facts
A. On August 201, the Plaintiff leased the first and second floors of the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 25 million, monthly rent of KRW 1.6 million, and the period from September 1, 201 to September 1, 2013. Since the Defendant paid the Plaintiff KRW 20 million out of the lease deposit, the Plaintiff occupied and used the instant real estate until now since it was handed over.
B. On August 1, 2013, when the Plaintiff and the Defendant renewed the said lease agreement (hereinafter “instant lease agreement”), the Plaintiff and the Defendant agreed to renew the said lease agreement from September 1, 2013 to August 31, 2015, the lease deposit amount of KRW 20 million per month, KRW 18 million per month, and the period from September 1, 2013 to August 31, 2015.
C. The Defendant did not pay KRW 1.2 million out of the rent for August 2013, KRW 1,744,00 among the rent for September 2013, KRW 1,744,00 among the rent for October 2013, KRW 74,00 among the rent for January 2013, KRW 744,00 among the rent for January 2013, and KRW 1,24,00 among the rent for December 2013.
The overdue rent after September 2013 is the amount calculated within the limit of KRW 1,744,00 per month (1.6 million x 9%) added by the maximum increase limit of KRW 9% under the Commercial Building Lease Protection Act (1.6 million x 9%) to the previous rent of KRW 1,744,00 per month.
On December 24, 2013, the Plaintiff sent to the Defendant content-certified mail on the ground of the termination of the instant lease agreement on the ground of at least two rent-free vehicles, and the said content-certified mail reached the Defendant around that time.
E. From January 1, 2014 to January 2, 2014, the Defendant remitted total of KRW 9.9 million to the Plaintiff for the repayment of 4 million loan and part of the overdue rent to the Plaintiff.
F. On June 30, 2014, on behalf of the Defendant, the Plaintiff paid KRW 752,400 for road occupation and use fees and KRW 92,700 for the disposal of sewage and waste from a septic tank on July 8, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 10, the purport of the whole pleadings
2. According to the above-mentioned facts of determination as to the cause of the claim, the defendant.