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1. Defendant B’s KRW 6,00,000 and the Plaintiff’s annual rate of KRW 5% from May 17, 2019 to June 4, 2019.
Reasons
1. Basic facts
A. On April 8, 2014, the Plaintiff leased the Yeonsu-gu Incheon Building G heading KRW 20,000,000, monthly rent of KRW 1,000,000, and the term of lease from April 25, 2014 to January 24, 2016.
(hereinafter referred to as "the instant lease agreement". (b)
A. The above port-based lease contract is a lease contract for the actual residence of Defendant B, E, and the actual residence of the above building was Defendant B.
C. The Plaintiff and E concluded a contract to extend the term of the instant lease agreement to November 2016 and to increase the deposit to KRW 13,000,000 per month, and KRW 1,300,000 per month.
The Plaintiff filed a lawsuit with the Incheon District Court seeking payment of the unpaid rent and management fee against H, the husband of the E and the Defendant B, and the above court rendered a judgment that “E and H jointly paid the Plaintiff 23,214,393 won and 12% interest per annum from May 17, 2019 to the date of full payment.”
E. Defendant B delivered the subject matter of the instant lease agreement to the Plaintiff on May 16, 2019.
[Grounds for Recognition: Each entry of Evidence Nos. 1, 2, 3, and 7, and the purport of the whole pleadings]
2. According to the facts of the determination as to the Plaintiff’s claim against Defendant B, Defendant B claimed that the Plaintiff was the difference between the rent for a four-month period from January 17, 2019 to May 16, 2019 according to the instant lease agreement and the unjust enrichment for a rent of KRW 6,000,000 from January 17, 2019 to May 16, 2019, as the date the delivery of Defendant B was completed. However, Defendant B claimed that the Plaintiff was the difference between “five months from January 17, 2019 to May 16, 2019.” However, from January 17, 2019 to May 16, 2019.
In addition, from May 17, 2019 to June 4, 2019, the delivery date of a copy of the complaint in this case, the Plaintiff is obligated to pay 5% per annum as provided by the Civil Act, and 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Claim against Defendant C and D.