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1. Defendant B:
(a) deliver the buildings listed in the separate sheet;
(b) KRW 47,00,000 and this shall apply thereto.
Reasons
1. On May 30, 2014, the Plaintiff and Defendant B concluded a lease agreement with Defendant B to lease the instant building listed in the separate sheet (hereinafter “instant building”) from May 30, 201 to KRW 30 million, KRW 30 million monthly rent (excluding value-added tax), and from May 30, 2014 to May 29, 2016 (hereinafter “instant lease agreement”). Defendant B used the instant building as delivery on or before May 30, 2014, and the lease agreement was explicitly renewed after the expiration of the lease term; Defendant B was unable to use the instant building as the basis for overdue rent from December 30, 2014 to KRW 70,700,000,000 as the whole, or the Plaintiff’s assertion that the instant lease agreement had been terminated as of June 30, 2019; and Defendant B used the leased building as the whole, or the Plaintiff’s assertion that the instant lease agreement was terminated as of May 29, 2019.
According to the above facts of recognition, since Defendant B was in arrears with more than two vehicles, it is deemed that the lease contract of this case was lawfully terminated on July 8, 2019, when the copy of the complaint of this case, which contained the Plaintiff’s intent to terminate the lease contract of this case, was delivered to Defendant B.
Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff, and as alleged by the Plaintiff, KRW 47 million calculated by deducting KRW 30 million from the lease deposit as claimed by the Plaintiff, as well as damages for delay calculated at the rate of 12% per annum from July 9, 2019 to the day of complete payment, which is the day following the delivery of a copy of the instant complaint, is obligated to pay the Plaintiff delayed payment calculated at the rate of KRW 30 million per annum from July 1, 2019 to the day of complete payment. The unjust enrichment calculated at the rate of KRW 300,000 per annum shall be paid from July 1, 2019 to the day of complete delivery of the instant building.