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1. The defendant
A. From the Plaintiff’s KRW 20 million, the Plaintiff’s list from May 30, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 22, 2015, the Plaintiff leased the instant real estate (hereinafter “instant lease agreement”) to the Defendant with the period from September 30, 2015 to September 29, 2017, setting the lease deposit of KRW 20 million, monthly rent of KRW 550,000 (the 30th day of each month of payment), and the period from September 30, 2015 to September 29, 2017. The Defendant paid deposit of KRW 20 million to the Plaintiff, and the instant real estate was handed over and resided therein.
B. From May 30, 2016, the Defendant delayed the payment of rent, and on October 13, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delay of rent.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease contract was terminated by the Defendant’s delay, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the rent or rent-based unjust enrichment calculated by the ratio of KRW 50,000 per month from May 30, 2016 to the date of delivery of the instant real estate.
B. The defendant has a defense of deduction of KRW 20 million. Thus, the plaintiff's obligation to return the deposit to the plaintiff and the obligation to deliver the defendant's real estate are concurrently performed. In the lease contract, since the lease deposit guarantees all the obligations of the lessee with respect to the lease arising from the time when the object is delivered to the lessor after the termination of the lease contract, the lessor is obligated to return only the remainder after deducting the secured obligation from the lease deposit.
Therefore, the Defendant is obligated to deliver the said real estate with payment and repayment of the rent calculated by the rate of KRW 50,000 per month from May 30, 2016 to the completion date of delivery of the instant real estate or the remainder after deducting the amount of unjust enrichment from the Plaintiff’s deposit KRW 20,000 to the date of delivery of the instant real estate.
In addition, the defendant is even after the termination of the lease contract of this case.