beta
Text
1. The defendant shall be the plaintiff.
(a) KRW 6,884,660 as well as 6% per annum from January 18, 2019 to February 28, 2019; and
Reasons
1. Basic facts
A. On November 10, 2016, the Plaintiff entered into a lease agreement with the Defendant who operates a marina store on the first floor 201.80 square meters (hereinafter “instant store”) among the real estate listed in the attached Table owned by him/her, and provided that the instant store from November 11, 2016 to November 10, 2019 during the lease term of the instant lease term of KRW 4,700,000 (Additional Tax), monthly rent of KRW 50,000 (Additional Tax), monthly management fee of KRW 40,000,000, the Defendant was in office.
(hereinafter “Lease of this case”). (b)
From April 2018, the Defendant continued to pay monthly rent, management fee, and various public charges (hereinafter “monthly rent, etc.”). The instant lease agreement was lawfully terminated upon delivery to the Defendant on September 17, 2018 of a copy of the instant complaint containing the intent of the Plaintiff to terminate the contract on the grounds of the delinquency in rent of at least three years.
C. The sum of the amount unpaid from April 2018 to October 2018 of the amount equivalent to the monthly rent, etc. is KRW 41,012,890,000,000, which the Plaintiff expressed the intention of mutual aid, is in excess of KRW 1,012,890,000, and further, it reaches KRW 5,871,770,000, in excess of the amount of unjust enrichment equivalent to the monthly rent, etc. on November 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff KRW 6,884,660 out of the remainder of the monthly rent, etc. from April 2018 to November 2018 after deducting KRW 46,884,660 from the sum of the monthly rent, etc. or the unpaid amount of unjust enrichment equivalent to the same amount, and to pay the Plaintiff KRW 6,884,660 out of the remainder of the unjust enrichment from October 18, 2018 to November 1, 2018. The Defendant is obligated to pay the Plaintiff KRW 6,884,660 out of the balance of the monthly rent, etc. and to pay the Plaintiff KRW 6,884,660 from the day following the delivery of the instant claim and the instant application for modification of the cause of the claim, which is the day after the delivery of the application for the performance of the claim.