beta
Text
The Defendant
(a) deliver the buildings listed in the separate sheet;
B. 800,000 won and this shall be June 20, 2020
Reasons
1. On August 2, 2017, the Plaintiff: (a) on August 2, 2017, leased a building listed in the separate sheet (hereinafter “instant building”) to the Defendant from August 3, 2017 to August 2, 2019; (b) lease deposit KRW 3 million (2 million until the end of the year 2017) and KRW 400,000 per month; (c) the Defendant did not pay additional deposit KRW 2 million to the Defendant by the end of the year 2017; (d) as of May 18, 202, the Plaintiff was unable to pay the rent KRW 4.2 million in total to the Defendant; and (e) on May 18, 202, the Plaintiff notified the Defendant of his/her intention to terminate the lease agreement between the parties and the Defendant on May 18, 2020; or (e) on May 18, 2019, the Plaintiff notified the Defendant of his/her intention to delay.
According to the above facts, since the above lease contract between the plaintiff and the defendant was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff.
In addition, the defendant is obligated to pay to the plaintiff 3.8 million won in arrears until May 18, 2020 (=4.2 million won in arrears - KRW 4.4 million in repayment by the defendant) the remainder after deducting three million in lease deposit from the amount of KRW 8,000,000, and to pay damages for delay of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 20, 2020 to the date of full payment, following the day when a copy of the complaint of this case was served on the defendant. Since the termination, the plaintiff is obligated to pay unjust enrichment equivalent to the amount calculated by the ratio of KRW 40,000 per month from May 20, 2020 to the day when the delivery of the building of this case is completed.
2. On October 2018, the Defendant’s assertion is not a 3.8 million won in arrears, but a 3.4 million won in arrears, as the Plaintiff’s husband visited the Defendant due to the breakdown of boiler around October 2018, paid the rent of 400,000 won to the Plaintiff’s husband.