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1. The defendant
A. The Plaintiff received KRW 8,00,000 from the Plaintiff and at the same time, the real estate indicated in the attached Table 1 is the real estate.
Reasons
1. The parties' assertion
A. On September 7, 2016, the Plaintiff’s husband’s husband’s wife C (in the case of the complaint, described on March 7, 2016, but appears to be a clerical error) indicated in the attached Table 1 list in the Defendant, the part on the ship (hereinafter “instant store”) connected with each point in sequence 20 million won, monthly rent of KRW 30,000 (payment on September 10), and the lease period from September 7, 2016 to September 6, 2018, the Defendant delivered the instant store to the Defendant on September 7, 2016.
However, the defendant does not pay at all the lease deposit and monthly rent under the lease agreement. Thus, the plaintiff, the heir of the deceased C, is terminated on the ground of the defendant's delinquency in rent for at least three years.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount of 10 million won in arrears from September 7, 2016 to July 6, 2017, plus 3 million won in arrears, as well as damages for delay, calculated at the rate of 300,000 won per month from July 7, 2017 to the delivery date of the said store, and the amount of unjust enrichment equivalent to the rent calculated at the rate of 300,000 won per month from July 7, 2017 to the date of delivery of the said store, and the interest for delay of 10 million won in arrears for 20 million won in advance (the amount calculated by applying the statutory interest rate of 6% per annum as stipulated in the Commercial Act) and the damages for delay.
B. The Defendant’s assertion and the network C concluded a lease contract with the same content as the Plaintiff’s assertion, but revised the terms of the contract by lowering the rental deposit to KRW 8 million and increasing the monthly rent to KRW 500,000. Accordingly, on October 13, 2016, the Defendant paid the Plaintiff a deposit of KRW 8 million from September 7, 2016 to March 6, 2017.
The Defendant and the deceased C agreed on a lease agreement around February 2017, and the Defendant did not use and take profits from the store of this case from March 2017.
Therefore, the plaintiff's claim is unfair, and even if the defendant did so, the plaintiff.