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1. Of the part concerning the claim for payment of principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.
Reasons
1. Basic facts
A. On March 6, 2013, the Defendant entered into a lease agreement with C, the owner of a lease deposit of KRW 15,00,000, monthly rent of KRW 1,350,00 (excluding value-added tax), and two years of lease period of KRW 1,2,350,00 (hereinafter “instant lease agreement”) with respect to the portion (a) of KRW 50,000 square meters (hereinafter “instant store”) connected in order to each point of the attached drawings among the buildings listed in the attached list (hereinafter “instant building”). Around that time, the Defendant transferred the instant store and operated a beauty room at the same time.
B. After that, the instant lease agreement was renewed, and on May 11, 2016, the Plaintiff succeeded to the lessor’s status of the instant lease agreement by purchasing the instant building from C and completing the registration of ownership transfer under the Plaintiff’s name on July 12, 2016.
C. The instant lease agreement was terminated on March 6, 2017 by expressing to the Defendant that the Plaintiff would not wish to renew.
The Defendant did not pay rent after July 2016, and paid the Plaintiff KRW 3,50,000 on March 6, 2017, and KRW 2,000,000 on April 10, 2017, and KRW 1,375,000 on May 11, 2017, and KRW 1,450,00 on July 7, 2017, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 12, the purport of the whole pleadings
2. The Plaintiff’s assertion that the Defendant occupied the instant store without paying the rent from July 2016. As such, the Defendant is obligated to pay the Plaintiff the money stated in the claim for monetary payment among the claims of the principal lawsuit due to overdue rent and return of unjust enrichment equivalent to the rent from July 2016, or tort damages.
3. Determination
A. As to the unpaid rent claim, the instant lease contract was terminated on March 6, 2017 upon expiration of the period of validity, and the Defendant did not pay the rent from July 2016, and was paid a total of KRW 8,325,00 to the Plaintiff four times from March 6, 2017 to July 7, 2017.