beta
Text
1. The defendant delivers the building indicated in the attached Form to the plaintiff and pays KRW 2,982,128 to the plaintiff.
2. The plaintiff's remainder.
Reasons
1. On February 17, 2017, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 5 million, and the period from February 17, 2017 to February 16, 2018. Since the Defendant used the said building as a pet dog and a shot-in breeding house in violation of a special agreement stipulated under the said lease agreement, the said lease agreement was terminated by the delivery of a copy of the instant complaint, and sought payment against the Defendant, such as delivery of the said building and overdue rent.
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. Part of each term;
A. The Plaintiff asserts that the amount of overdue rent and the amount of unjust enrichment equivalent to the rent in arrears is KRW 14.8 million in total (== KRW 4 million in total ( KRW 800,000 x 5 months) from February 2017 to June 2017). However, there is no evidence to acknowledge that the rent is KRW 8 million in total from July 2017 to August 2017 ( KRW 700,000 x 4 months) from November 2017 to August 2018.
Accordingly, when calculating the amount of unjust enrichment equivalent to the rent in arrears and the rent in arrears, the sum of KRW 13,032,258 [A total of KRW 4,00,000 ( KRW 80,000 x 5 months x 5 months) from February 17, 2017 to July 16, 2018 ( KRW 8,40,000 x 12 months x 12 months)] from July 17, 2018 to August 13, 2018, when the amount of the rent in arrears and the amount of unjust enrichment equivalent to the rent in arrears and the amount of the rent from February 17, 2017 to July 13, 2018 ( KRW 632,258 ( KRW 70,000 x less than 28/31,00)]; therefore, there is no reason to seek payment exceeding the recognition scope.
B. The Plaintiff seeking reimbursement of KRW 300,000,000 as a result of damages, KRW 500,000 as a cleaning, KRW 350,00 as a real estate brokerage fee, KRW 2.4 million as a public room cost ( KRW 800,000 x 3 months) but there is no evidence to acknowledge this. Thus, the claim for this part is without merit.
C. Ultimately, the Defendant’s total amount to be paid to the Plaintiff = KRW 2,982,128 = 13,032,258, including overdue rent, etc.