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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. Facts of recognition;
A. On November 30, 2013, the Plaintiff entered into a contract with the Defendant for the lease of real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant commercial building”) with the lease deposit amount of KRW 2 million, monthly rent of KRW 170,000,000 from November 30, 2013 to July 29, 2014 (hereinafter “instant contract”). Around that time, the Plaintiff received the said lease deposit from the Defendant and handed over the instant commercial building to the Defendant.
B. Around December 2013, 2013, management expenses incurred from February 2014, and from December 2013, 2013, the Plaintiff paid the Defendant the unpaid amount of KRW 132,870 on December 12, 2013, KRW 152,840 on January 1, 2014, KRW 135,430 on February 1, 2014, KRW 125,70 on March 3, 2014, KRW 126,90 on April 126, 209, KRW 13,910 on May 13, 2014, KRW 127,430 on June 10, 2014, KRW 104, KRW 104,80 on July 104, 2014, KRW 30,301 on June 16, 2014, KRW 3030 on the date of termination 130.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 6, 7, Gap evidence 3-1, the purport of whole pleadings]
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant contract was lawfully terminated on or around June 30, 2014 according to the Plaintiff’s notice of termination on at least two occasions by the Defendant, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 1,020,00 (170,000 x 6 months) unpaid from February 2014 to July 2014, and the management fee of KRW 1,291,380 from December 2013 to September 2014 and KRW 1,70,000 per month from August 30, 2014 to the completion date of the delivery of the instant commercial building.
B. The defendant's defense, etc. (1) is first determined, and the defendant is KRW 2 million as lease deposit.