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1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
(b) 39,600,000 won and this in respect thereof;
Reasons
Comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence Nos. 1 through 6, it can be acknowledged that on May 16, 2017, the Plaintiff, on the grounds that on May 16, 2017, the real estate listed in the separate sheet, KRW 60 million, KRW 60 million, KRW 16 million, and the period from May 31, 2017 to May 30, 202, was leased, and the Defendant did not pay the rent from June 17, 2018, and that on November 21, 2018, the Plaintiff notified the Defendant of the termination of the above lease on the grounds that the lease was unpaid by the Defendant.
According to the above facts, since the above lease contract between the plaintiff and the defendant was terminated by the plaintiff's lawful exercise of the plaintiff's right to terminate, the defendant is obligated to deliver each real estate listed in the separate sheet to the plaintiff, and pay unjust enrichment of 39.6 million won in total from June 17, 2018 to December 16, 2018 (=6.6 million won x six months) and the amount of unjust enrichment equivalent to the rent or rent of 39.6 million won in total (i.e., six months) and damages for delay calculated at the rate of 15% per annum from December 18, 2018 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiff.
In regard to this, the defendant asserts to the effect that the fixed deposit amount is KRW 50 million and that the rent is delayed at the time due to economic difficulties. However, as long as the defendant did not pay three or more times of rent, the plaintiff's right to terminate the contract is legitimate, and the lessee cannot refuse to pay the rent by asserting the deduction from the deposit. Thus, the above argument by the defendant cannot be a legitimate ground for defense.
The plaintiff's claim is accepted.