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1. The defendant
(a) deliver the buildings listed in the annex;
B. 5.2 million won from May 3, 2015.
Reasons
In the statement No. 1, the following facts are acknowledged by integrating the whole purport of the pleading in the statement:
① On April 24, 2014, the Plaintiff leased the instant building to the Defendant by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 650,000, and the lease term from April 26, 2014 to April 25, 2016.
② The Defendant did not pay the rent, and the overdue rent based on February 25, 2015 is KRW 5.2 million.
Therefore, the instant lease agreement was lawfully terminated upon the delivery to the Defendant on May 2, 2015 of a copy of the instant complaint containing the Defendant’s declaration of termination on the grounds of the Defendant’s delinquency in rent.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff: (a) pay to the Plaintiff the overdue charge of KRW 5.2 million; (b) to the Plaintiff from May 3, 2015 to September 30, 2015, an annual interest rate of KRW 20% under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); and (c) to pay the rent or unjust enrichment calculated at the rate of KRW 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment; and (d) to pay the rent or unjust enrichment calculated at the rate of KRW 6.5 million per month from February 26, 2015 to the day of delivery of the instant building.
The Defendant asserts to the effect that “the Plaintiff’s claim for delivery of a building is unreasonable, as the remainder remaining after deducting the difference in arrears from the lease deposit.” However, such reason does not constitute a legal ground for refusing the Plaintiff’s claim for delivery on the ground of arrears in rent.
The plaintiff's claim is justified and accepted.