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Reasons
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(영문) 의정부지방법원 2017.06.22 2016가단12748
건물인도 등
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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 8,300,000 and its amount from April 21, 2017.

Reasons

1. Facts of recognition;

A. On October 2010, the Plaintiff entered into a lease agreement with the Defendants on a lease deposit of KRW 10 million and KRW 300,000 per month of rent between the Defendants as to the portion (A) part (hereinafter “instant building”) indicated in the annexed drawings among the D-based ground buildings owned by the Plaintiff (hereinafter “instant lease agreement”).

B. From March 1, 2011 to March 31, 2011; from June 1, 2011 to June 30, 2011; from August 31, 2011 to August 31, 201; from October 31, 201 to October 31, 201; from October 1, 201 to October 31, 201; and from March 1, 201 to November 30, 201, Defendants of the tea trucking room respectively were delinquent as stipulated in the instant lease agreement.

C. On March 18, 2016, the Plaintiff sent to the Defendants a document evidencing that the instant lease agreement is terminated due to the Defendants’ delinquency in rent, and the said content-certified mail reached the Defendants on March 24, 2016.

The Defendants delivered the instant building to the Plaintiff on November 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 3, Gap evidence 6, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the defendants are obligated to pay to the plaintiff the amount of 18,300,000 won for unjust enrichment equivalent to the rent or rent (a total of 61 months x 300,000 won) (=18,300,000 won-10,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the plaintiff, from April 21, 2017 to the day of complete payment, as sought by the plaintiff.

B. The Defendants’ determination as to the defense shall be on behalf of the Plaintiff’s wife E.

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