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1. As to the Plaintiff KRW 5,154,00 and KRW 2,140,00 among them, Defendant B’s year from March 9, 2019 to November 27, 2019.
Reasons
1. Facts of recognition;
A. On January 9, 2018, the Plaintiff concluded a lease agreement with Defendant B, setting the lease deposit of KRW 10,000,000 and the lease term of KRW 16,000 from January 16, 2018 to January 16, 2020, the monthly rent of KRW 1,400,000 and the management fee of KRW 300,000 ( separate value-added tax), respectively.
B. On May 21, 2018, the Plaintiff entered into a contract with Defendant B to change the monthly rent of KRW 1,400,000 to KRW 1,00,000 (hereinafter “instant contract”).
C. From April 2018, Defendant B delayed the rent, and Defendant B subleted the instant building to Defendant C without permission.
On February 11, 2019, the Plaintiff expressed his/her intent to terminate the instant contract on the ground that the instant contract was terminated on the grounds of overdue overdue rent and sub-lease without permission.
E. The Defendants delivered the instant building to the Plaintiff on May 9, 2019.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4 (including each number), the purport of the whole pleading
2. According to the facts found in the judgment as to the claim against Defendant B, the instant contract is deemed to have been lawfully terminated and terminated. As such, Defendant B is obligated to pay KRW 15,154,000,00 in total as indicated in the payment record, such as the rent in arrears and unjust enrichment equivalent to the rent in arrears incurred until May 9, 2019, which is the delivery date of the instant building (hereinafter “influent rent, etc.”).
However, while the Plaintiff was a person with KRW 10,00,000 for the obligation to return the deposit to Defendant B, the Plaintiff sought overdue rent after deducting the deposit from overdue rent, etc.
Therefore, Defendant B’s obligation to implement the instant case from March 9, 2019, as claimed by the Plaintiff, with respect to KRW 5,154,00 (=15,154,000 - KRW 10,000), as well as KRW 2,140,00, as claimed by the Plaintiff.