1. From 50,00,000 won to 50,000 won, the Defendant shall each month from July 8, 2014 to the completion date of delivery of the building as indicated in the separate sheet.

1. Presumed factual basis

A. On February 7, 2013, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 50 million, KRW 1.3 million per month, and the lease term from February 7, 2013 to February 6, 2015 (hereinafter “instant lease agreement”).

B. After concluding the instant lease contract, the Defendant paid the rent from February 7, 2013 to July 7, 2014 under the instant lease agreement (17 months).

C. On June 8, 2015, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in the payment of two or more rents under the instant lease agreement was served on the Defendant.

The defendant occupies and uses the building of this case until the date of closing the argument of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the instant lease agreement was lawfully terminated on June 8, 2015 by the Plaintiff’s declaration of termination on the ground of the Defendant’s default on rent, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to the rent due to the possession and use of the instant building by the date the delivery of the instant building is completed after the date of the rent in arrears and the termination.

B. As to the simultaneous performance defense, the defendant cannot respond to the plaintiff's request for extradition until the plaintiff is returned the deposit amount of KRW 50 million.

The Defendant paid KRW 50 million to the Plaintiff according to the instant lease agreement, and the fact that the instant lease agreement was terminated is as seen earlier. The obligation to return the lease deposit upon termination of the lease agreement and the lessee’s obligation to return the leased object simultaneously.