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1. Defendant B Co., Ltd.:
(a) deliver 70.76 square meters of 5 stories among the buildings listed in the attached list;
(b) 21,120.
Reasons
1. Facts of recognition;
A. On September 14, 2015, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (Co., Ltd., Ltd.; hereinafter the Defendant Co., Ltd.) to lease KRW 20 million on deposit for lease, KRW 1760,000 per month of rent (including value-added tax) and KRW 1760,000 from October 5, 2015 to October 4, 2017 (hereinafter the instant lease agreement).
B. Although the Defendant Company occupied and used the leased object of this case by delivery from the Plaintiff, it paid only the rent for October 2015, and delayed payment of KRW 2,1120,000 (1760 x 12 months) from November 5, 2015 to November 4, 2016.
C. On October 5, 2016, the Plaintiff notified the Defendant Company that the instant lease contract was terminated on the grounds of the delinquency in rent at least twice after November 2015.
Meanwhile, Defendant C, together with the Defendant Company, has occupied and used the leased object of this case jointly.
E. After filing the instant lawsuit to the Plaintiff, the Defendant Company paid the Plaintiff KRW 6.4 million each totaling KRW 1.6 million on four occasions from December 23, 2018 to December 28, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated and terminated on October 5, 2016 by the Plaintiff’s notice of termination on the grounds of the delinquency in rent at least twice of the Defendant Company.
Therefore, the Defendant Company is obligated to deliver to the Plaintiff the leased object of this case, and return unjust enrichment calculated by the ratio of KRW 2,1120,000,000 per month from November 5, 2015 to November 4, 2016 and the amount of unjust enrichment equivalent to the rent or rent from March 5, 2017 to March 5, 2017.
The plaintiff is the defendant company from November 5, 2016 to 17.60,00 won per month.