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1. The defendant's KRW 18,00,000 and its amount shall be 5% per annum from January 14, 2020 to July 8, 2020 to the plaintiff.
Reasons
1. Basic facts
A. On January 9, 2003, the Plaintiff’s father C entered into a lease agreement with the Defendant, setting the deposit amount of KRW 5 million per annum and KRW 500,000 per month of rent as to D ground buildings and their surrounding sites in the original city.
(hereinafter referred to as "the instant lease agreement". (b)
After the Defendant paid KRW 500,000,000 as of January 31, 2017, the rent was not paid from August 2012.
C. C died on January 5, 2015, and the Plaintiff succeeded to the lessor’s status of the instant lease agreement.
[Ground of recognition] Unsatisfy, Gap evidence 1, 3 (including branch numbers in case of additional number), Eul evidence 1, 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 45 million for 89 months from August 2012 to December 2019 (=50,000 per month x 89 months) and damages for delay.
B. Determination 1 on the Defendant’s argument that: (a) the Defendant’s assertion that the amount of KRW 11,00,000 paid over 22 occasions from August 15, 2012 to January 31, 2017 should be deducted from the Plaintiff’s claim amount; (b) however, according to the aforementioned evidence, it is recognized that the said amount claimed by the Defendant was appropriated for the rent from September 2010 to July 2012, and the Plaintiff claimed that it was the rent from August 2012, since the aforementioned assertion is without merit.
B) The Defendant asserts that C received KRW 50,000 from the Defendant around April 16, 2014, and therefore, the above KRW 50,000 should be deducted from the Plaintiff’s claim amount, but the above assertion is not accepted as there is no evidence to prove the Defendant’s assertion. (C) The Defendant asserts that the deposit amount of the instant lease agreement should be deducted from the Plaintiff’s claim amount.