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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 12,362,040 as well as its annual interest from November 16, 2017 to August 23, 2018.
Reasons
1. Basic facts
A. On March 12, 2012, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant building”) from Nonparty D and E Co., Ltd. (hereinafter “former owner”), and completed the registration of ownership transfer under the Plaintiff’s name on March 30, 2012.
B. Around June 14, 2006, the Defendant Company, including the conclusion of a lease agreement with the former owner, leased the instant building by setting the lease deposit of KRW 50 million, monthly rent of KRW 23 million (excluding value-added tax), and five years, and used the building as a private teaching institute (English kindergarten) for early childhood education in a foreign language from September 2006 to “F” in the name of “F.” On September 1, 201, the Defendant Company renewed the said lease agreement from September 1, 201 to September 5, 201, and from September 6, 2011 to September 5, 2016.
C. On April 18, 2012, the Plaintiff’s succession to the Plaintiff’s lease agreement entered into a lease agreement with the former owner and the Defendant Company to succeed to the existing lease agreement as it is, and thereafter, the Defendant Company delayed to pay the rent, and on September 5, 2016, lower the lease deposit to KRW 400 million, monthly rent of KRW 32130,00 (excluding value-added tax) between the Defendant Company, and concluded a lease agreement from September 6, 2016 to September 5, 2018 (hereinafter “instant lease agreement”).
After the conclusion of the instant lease agreement, the Defendant Company paid KRW 32,496,00 on May 8, 2017, and did not pay the remainder. Accordingly, the Plaintiff filed a lawsuit against the Defendant Company seeking unjust enrichment and cancellation of the right to collateral security equivalent to the rent from June 17, 2017 to the completion date of delivery of the instant building as Seoul Western District Court Decision 2017Gahap988, and the Plaintiff filed a lawsuit against the Defendant Company seeking unjust enrichment and cancellation of the right to collateral security equivalent to the rent from June 17, 2017.
The above court rendered September 28, 2017 of this case.