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1. The Defendants shall jointly:
A. From 40,00,000 to 40,000 won, among buildings listed in the separate sheet from October 4, 2016.
Reasons
1. Facts of recognition;
A. On July 8, 2016, the Plaintiff: (a) between the Defendants and KRW 40,00,000 for lease deposit for the instant building; (b) KRW 3,300,00 for each month of rent (in addition to KRW 50,00 for value-added tax and management expenses; and (c) KRW 3,680,00 for each month; and (d) calculated (e.g., KRW 3,680 for each month); (c) the term of lease from July 4, 2016 to July 3, 2018; and (d) the term of lease shall be from July 4, 2016 to July 3, 2018; and (e) the term “the instant lease agreement” (hereinafter referred to as the “lease agreement”).
B. B. The Defendants did not pay the Plaintiff rent after the conclusion of the instant lease agreement, and the Plaintiff expressed its intent to terminate the instant lease agreement by serving a copy of the instant complaint on the Plaintiff. [Grounds for recognition] In the absence of dispute, Gap 1 and 5 evidence (including serial number), and the purport of the entire pleadings.
2. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendants’ failure to pay rent for at least two years, and barring any special circumstance, the Defendants, as joint lessees, are jointly obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the rent and unjust enrichment equivalent to the rent calculated at the rate of KRW 3,680,000 per month from October 4, 2016 to the completion date of delivery of the instant building.
If the lease contract is terminated, the lessor's obligation to return the lease deposit and the lessee's obligation to deliver the object is related to the simultaneous performance, and the lessee's obligation to return unjust enrichment arising from the termination of the lease contract until the delivery of the object should be naturally deducted from the lease deposit.
Meanwhile, the Plaintiff filed a claim for KRW 11,040,00 in total for three-month rent incurred prior to October 4, 2016 and damages for delay thereof. However, Defendant B paid KRW 7,260,000 for two-month rent (3,630,000 x two) to the Plaintiff after the instant lawsuit was filed.