beta
Text
1. The defendant shall have the name of the representative as to the business permission stated in the attached Form 1 as the plaintiff.
Reasons
1. Basic facts
A. On October 22, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the real estate listed in attached Table 2 (hereinafter “instant store”) with KRW 5,00,000, monthly rent of KRW 600,000, and the lease term from October 22, 2018 to October 22, 2019.
At the time of the termination of the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement at the time of the termination of the instant lease agreement with the Plaintiff to change the name of the representative on the business license listed in attached Form 1 (hereinafter “instant special agreement”).
B. From November 23, 2018, the Defendant did not pay the monthly rent. On May 29, 2019, the Plaintiff notified the Defendant that the instant lease contract was terminated due to the delayed payment of rent.
C. On July 23, 2019, the Plaintiff was handed over the instant store by the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. (1) As seen earlier, the part on the claim for the delivery of the instant store was already delivered to the Plaintiff. As such, the Plaintiff’s request for extradition is without merit. (2) The part on the claim for overdue rent and unjust enrichment from November 23, 2018 to June 22, 2019, the Plaintiff filed a claim for overdue rent or unjust enrichment equivalent to the rent from June 23, 2019 to June 23, 2019, and for unjust enrichment equivalent to the rent from June 23, 2019 to the completion date of delivery of the instant store.
As seen earlier, the Defendant delivered the instant store on July 23, 2019, and thus, the overdue rent or unjust enrichment that the Defendant is obliged to pay to the Plaintiff is KRW 4,819,354 (60,000 x (81/31), which is equivalent to the monthly rent from November 23, 2018 to July 23, 2019).
According to the above facts, according to the above facts of the claim for the change of the business license, the defendant is required to change the name of the representative with respect to the business license listed in attached Form 1 to the plaintiff according to the instant special agreement.