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1. The Plaintiff:
A. Defendant B shall be KRW 8,500,000 and the interest rate of KRW 15% per annum from June 1, 2016 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The Plaintiff is a real estate listed in the separate sheet owned by the Plaintiff between Defendant B and Defendant B (hereinafter “instant real estate”).
A) A lease agreement was concluded with the term of KRW 10 million, KRW 850,000 per month, KRW 60,000 per month, and the term of lease from June 6, 2015 to June 5, 2016 (hereinafter “instant lease agreement”).
2) Defendant B paid only twice the rent during the term of lease, and paid 8.5 million won (i.e., the rent from August 6, 2005 to the payment from May 6, 2016) (i.e., KRW 8., KRW 850,000 x 10). The Plaintiff entered in the instant complaint a declaration of intent to terminate the instant lease on the grounds of the delay in payment of two or more rents, and the duplicate of the instant complaint reached Defendant B on March 24, 2016. However, the Defendants occupied and used the instant real estate from the time of the conclusion of the instant lease to the time of its possession.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
B. According to the above facts of determination, ① Defendant B is obligated to pay damages for delay calculated at the rate of 15% per annum from June 1, 2016 to June 1, 2016, the day following the day when the copy of the claim was served on Defendant B, as the result of the payment of unpaid rent or the return of unjust enrichment equivalent thereto, and as the Plaintiff seeks, the amount of damages for delay calculated at the rate of 8.5 million won per annum from June 1, 2016 to the day when the application for change of the cause of claim was served on Defendant B. ② The Defendants who occupy the instant real estate jointly and severally deliver the instant real estate to the Plaintiff and jointly deliver the instant real estate and return the unjust enrichment equivalent to the rent calculated at the rate of 8.5 million won per month from June 6, 2016 to the day when the delivery of the instant real estate is completed.
2. Determination as to Defendant B’s assertion
A. Defendant B is the tea, three times.