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1. The judgment of the first instance court, including the Plaintiff’s claim expanded and modified in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. On August 30, 2013, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 170 million,000,000 per month, KRW 4 million per month (in addition to value-added tax, KRW 25,000 per month), and the lease period of the instant lease by August 30, 2018. The instant lease agreement states that the lessor may terminate the lease agreement if the lessee fails to pay rent for more than two months.
B. The Plaintiff received KRW 30,000,000 from the Defendant as a deposit for lease.
C. On January 31, 2013, the Defendant completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) by the Busan District Court’s Branch Branch No. 9088 with the deposit money as KRW 30,000,000 on the instant real estate.
The Defendant, who operated Lestop in the name of “C” in the instant real estate, paid only the rent of KRW 3 million per month (not later than August 23, 2016) by November 23, 2016, and thereafter did not pay the Plaintiff the rent.
E. From the beginning of 2017, the Defendant is in a state of suspending its business until then.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 10, Eul evidence No. 7, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is that the Defendant did not pay the instant lease agreement for at least two years from September 2016, and the Plaintiff terminated the said lease by serving a duplicate of the instant complaint. The sum of the rent and the unjust enrichment equivalent to the rent for 31 months from April 1, 2019, which was around the time of delivery of the instant real estate, is KRW 136,40,000 (= KRW 4.4 million x 31 months). As such, the Defendant is obligated to pay to the Plaintiff damages for delay at 15% per annum from the date of delivery of the copy of the written request for change of the purport of the instant lease and the cause of the instant claim.
In addition, the lease contract of this case is terminated.