건물인도 등
1. The Defendant: 5% per annum from December 21, 2019 to February 5, 2021 to KRW 291,583 to the Plaintiff, and the following day.
1. Basic facts
A. On April 11, 2018, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the condition that the Plaintiff shall set the entire first floor among the three-story buildings located in Seocho-gu E at the time of Cheongju, from April 16, 2018 to April 15, 2019; the deposit amount of KRW 2 million; and the monthly rent of KRW 300,000 (hereinafter “instant lease agreement”); and the object of the lease (hereinafter “instant office”).
At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to bear 1/3 of the costs of hot spring water supply in the middle of the night at the time of the conclusion of the instant lease agreement in the absence of 1/2.
B. On November 27, 2019, the Plaintiff notified the Defendant of his intention not to renew the instant lease agreement. On May 5, 2020, the Defendant delivered the instant office to the Plaintiff without demanding the renewal of the contract.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion is obligated to pay KRW 2,634,283, which remains after deducting deposit amount of KRW 2,00,000 from the total sum of KRW 4,634,283, and KRW 2,634,283 from the total sum of KRW 4,634,283, and KRW 2,000,00,00 for the cost of restoration to the original state from July 2018 to May 5, 2018.
B. Determination 1) If the purport of the entire argument is added to the evidence evidence Nos. 1 and 10, the Defendant agreed to pay the rent in advance pursuant to the instant lease agreement. The Defendant paid the Plaintiff the rent up to January 15, 2020 by remitting the rent of KRW 300,000 to the Plaintiff on December 16, 2019, and the Defendant delivered the instant office to the Plaintiff on May 5, 2020.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 1,100,000 (=300,000 x (300,000 x (320/30))) and the delayed damages.
2) The electricity charge of the air-conditioning and heating charge Nos. 1, 5, 11, respectively.