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1. The Defendant’s KRW 26,231,790 for the Plaintiff and KRW 15% per annum from October 26, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. On July 19, 2014, the Plaintiff: (a) on August 30, 2014, the lease term of real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”) between the Defendant and the Defendant is set at KRW 36,00,000; and (b) on August 30, 2016, lease deposit is set at KRW 36,000; and (c) according to a special agreement, the deposit is set at KRW 36,00,000 for KRW 1,50,000 for monthly rent; and (d) on the aggregate of KRW 18,00,000 for monthly rent for KRW 18,00,000 for KRW 6 months for the remainder; and (e) on August 10, 2015, the remainder is set at KRW 9,000,0000 for each of the instant apartment; and (e) on May 10, 2015, the remainder is not refunded.
(hereinafter “instant lease agreement”). B.
The instant lease agreement was implicitly renewed on August 30, 2016 with the expiration of the contract term, and the monthly rent that the Defendant paid to the Plaintiff from July 11, 2014 to December 1, 2017 is KRW 52,50,000 as shown in attached Table 2, and the unpaid management fee is KRW 1,031,790.
C. On July 30, 2018, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in rent to the Defendant.
On December 24, 2018, the Defendant delivered the instant apartment to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated on July 30, 2018, the Defendant is obligated to pay the Plaintiff the remainder of the monthly rent and unpaid management expenses after deducting the rent that the Defendant had already paid to the Plaintiff from the monthly rent or unjust enrichment equivalent to the monthly rent, which shall be paid from August 30, 2014 to December 24, 2018, from the delivery of the apartment of this case, from August 30, 2014 to December 24, 2018. The Defendant is obligated to pay the Plaintiff the unpaid management expenses, as claimed by the Plaintiff.