1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 2,800,000 won and the same on January 21, 2020

On July 7, 2018, the Plaintiff entered into a lease agreement between the Defendant and the attached real estate (hereinafter “instant real estate”) with the term of lease from August 2, 2018 to August 1, 2020, which is KRW 10 million, monthly rent of KRW 700,000 (hereinafter “instant lease agreement”); the Plaintiff delivered the instant real estate to the Defendant; the Plaintiff delayed payment of the rent from October 2019; the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in payment; and the duplicate of the complaint seeking the delivery of the instant real estate was delivered to the Defendant on January 20, 2020; the fact that the Defendant currently occupied and used the instant real estate does not conflict between the parties, or that the entries and arguments provided for in subparagraphs A through 4 may be acknowledged by comprehensively taking account of the overall purport of arguments and arguments.

According to the above facts, since the lease contract of this case was lawfully terminated on January 20, 2020 upon the plaintiff's declaration of intention to terminate the lease contract on the ground of overdue delay of the defendant, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 21, 2020 to the day following the delivery date of the copy of the complaint of this case to January 2020, and damages for delay calculated at the rate of 70,000 won per annum from February 2, 2020 to the day of complete delivery of the real estate of this case, and unjust enrichment equivalent to the difference calculated at the rate of 12% per annum from January 21, 2020 to the day of complete delivery of the real estate of this case.

In this regard, even if the Defendant deducts the overdue rent from the monthly rent, it is argued to the effect that it is unreasonable to claim the damages for delay against the overdue rent. However, it is not possible for the lessee to claim the amount of the monthly rent from the deposit to substitute the payment of the monthly rent, and the fact that the deposit is remaining cannot be justified.