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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Unpaid rent claims and claims for the expenses of substitute payment;
A. The following facts are recognized in full view of the respective descriptions and the overall purport of arguments as stated in Gap evidence Nos. 1 to 5.
1) On April 2018, the Plaintiff leased the part of Category D, E, F, G, H, I, He, J, K, and L, among the buildings located in C, to the Defendant at the time of residing in the Defendant at the time of the lease, with the term of lease from April 2, 2018 to June 30, 2018, the rent of KRW 2,200,000 (hereinafter “instant lease agreement”).
(2) On December 31, 2018, the Defendant drafted a written confirmation that “The Plaintiff will pay KRW 10,000,000 to the 30th of the same month from January 15, 2019 to the 30th of the same month,” which was not timely payment of the rent under the instant lease agreement.
(3) The Defendant, on behalf of the Defendant, paid the above electricity and gas charges in total amount of KRW 84,090 (= KRW 269,400), while occupying the object of the instant lease agreement, using urban gas equivalent to KRW 574,690, and paying the above electricity and gas charges. 4) The Plaintiff paid on behalf of the Defendant the above electricity and gas charges (=269,400 won).
B. According to the facts found above, the defendant is obligated to pay to the plaintiff 10,000,000 won for the payment of the above amount of 844,090 won for the return of unjust enrichment and 10,844,090 won for the payment of the above amount of 844,090 won for the payment of the above amount of 844,090 won and the payment period stipulated in the payment agreement of this case after the date when the plaintiff paid the above amount of 84,090 won, and to the extent that it is reasonable to dispute about the existence or scope of the defendant's obligation from July 12, 2019 to the date following the delivery date of the certified copy of the decision of the execution recommendation of this case as requested by the plaintiff, which is 5% per annum as stipulated in the Civil Act until July 28, 2020, and damages for delay calculated by 12% per annum as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings from the following day to the day.