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The defendant shall pay 12,987,096 won to the plaintiff and 5% per annum from November 14, 2020 to December 2, 2020 and the next day.
Reasons
1. Basic facts
A. On February 23, 2019, the Plaintiff concluded a lease deposit of KRW 30 million with respect to the 7th floor, E, and F of Mapo-gu Seoul building (hereinafter “instant real estate”), KRW 30 million per month, monthly rent of KRW 3 million (excluding value-added tax), and a real estate lease agreement with the Defendant for the period from February 23, 2019 to February 23, 2021 (hereinafter “instant lease agreement”), and delivered the said real estate to the Defendant on February 23, 2019.
B. From August 23, 2019, the Defendant delayed payment of rent. Accordingly, on April 6, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delinquency in rent from August 23, 2019 to April 23, 2020, and requested the Plaintiff to surrender the said real estate by April 30, 2020 after deducting both the rent in arrears from the deposit and deducting it from the entire deposit.
C. On August 29, 2020, the Defendant continued to possess and use the instant real estate even after receiving the above request for surrender, and delivered the said real estate to the Plaintiff on August 29, 2020.
[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on April 30, 2020 by the Plaintiff’s notice of termination on the ground of the Defendant’s delay. Since the Defendant continued to possess and use the said real estate from May 1, 2020 to August 29, 2020 after the termination of the said lease agreement, it is obligated to return the amount equivalent to the rent during the said period to the Plaintiff as unjust enrichment or damages arising from illegal occupation.
Therefore, the Defendant’s total sum of KRW 12,987,096 (=3,300,000 won + KRW 3,300,000,000 KRW 3,087,096 (i.e., KRW 3,300,000 KRW X 29/31, and KRW 29/31), which is the following day after the application for delivery of the purport of the instant claim and the application for alteration of the cause of the claim, as sought by the Plaintiff, raised a considerable dispute on the existence or scope of the Defendant’s obligation from November 14, 2020.