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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) As from January 24, 2015, KRW 9,700,00 and the above.
Reasons
1. Facts of recognition;
A. On January 24, 2014, the Plaintiff, the owner of the real estate indicated in the attached Form (hereinafter “instant store”) leased the instant store to the Defendant as KRW 50,000,000, and the period from January 24, 2014 to January 24, 2016; KRW 30,000,000 out of the deposit, was paid as of July 28, 2014; and the rent as of April 24, 2014 to April 23, 2014 to KRW 4,00,000,000 from January 24, 2014 to January 23, 2015; and from April 24, 2014 to April 23, 2015, the Plaintiff agreed to provide that KRW 30,000,000,005,000 from January 24, 2014 to January 23, 2015.
(hereinafter “instant lease agreement”). B.
On February 27, 2014, the Defendant paid KRW 30,000,000 among the above deposit to the Plaintiff.
C. Until December 26, 2014, the Defendant did not pay the Plaintiff the remainder of KRW 20,000,000 to the Plaintiff, and paid only KRW 8,300,000 among the rent up to that time, and did not pay the remainder to the Plaintiff.
Accordingly, on December 26, 2014, the Plaintiff sent to the Defendant a written notification stating that the instant lease contract is terminated on the grounds that the remainder of the deposit and the overdue payment were overdue, and the said written notification was served to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3-1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease contract was terminated on or around December 26, 2014 due to the Defendant’s delinquency in rent, etc. Therefore, barring any special circumstance, the Defendant is obligated to return to the Plaintiff the remainder of the money obtained by deducting the rent and deposit already paid from the rent from the rent to December 23, 2014, as the Plaintiff seeks, and the unjust enrichment equivalent to the rent for the said store from January 24, 2015 to the delivery of the instant store.
B. As to this, the Defendant: (a) the instant store is located in the C complex; and (b) the Plaintiff is attracting more than 12 stores in the said C complex.