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1. The Defendants’ respective Plaintiff:
A. Part 100.8 square meters and (b) of the building indicated in the separate sheet among the buildings indicated in the separate sheet.
Reasons
1. Facts of recognition;
A. On July 4, 2011, the Plaintiff leased Defendant B (hereinafter “instant building”) part of the building indicated in the separate sheet with the lease deposit amount of KRW 6,000,000,000, monthly rent of KRW 750,000, and the lease period of KRW 24 months.
B. Around that time, Defendant B operated the factory in the instant building along with Defendant C, who was handed over the instant building from the Plaintiff, and the Defendants paid only rent until July 3, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 3-1 to 3, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed to have terminated on July 3, 2013 due to the expiration of the lease term. Therefore, the Defendants, a joint occupant, are obligated to pay damages for delay calculated at the rate of 20% per annum from August 4, 2014 to July 3, 2014, calculated at the rate of 750,000 won per annum from July 4, 2013 to July 3, 2014, which is the termination date of lease, to the Plaintiff, and to pay unjust enrichment at the rate of 3,000,000 won, which is the Plaintiff’s claim, from the date of delivery of the copy of the complaint of this case, to the date of full payment, as sought by the Plaintiff.
B. The Defendants asserted as to the Defendants’ assertion that the instant building could not be used as a factory building, but the Plaintiff leased it to Defendant B. The Defendants asserted to the purport that the Plaintiff’s claim for unjust enrichment equivalent to the Plaintiff’s rent is unjust, on the grounds that the Defendants were unable to use the instant building as a factory building for the purpose of leasing the initial building due to malodor, its reproduction, electricity expansion, etc. caused by the adjacent garbage separation and removal company.