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1. Defendant B receives the remaining money from the Plaintiff after deducting the money set forth in paragraph 2 from KRW 20,000,000.
Reasons
Facts of recognition
On August 1, 2018, the Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) entered into a lease agreement with Defendant B by setting a deposit of KRW 20 million, KRW 20 million per month, and KRW 2 million per month, and from September 14, 2018 to September 13, 2020, the Plaintiff agreed that the contract may be terminated immediately in the event that the amount of delay falls short of the amount of rent for three years.
(hereinafter “instant lease agreement”). Defendant C, the representative of Defendant B, (hereinafter “Defendant C”) is running business in the instant real estate in accordance with the instant lease agreement.
Defendant B delayed to pay up to three months until October 13, 2019. Accordingly, the Plaintiff expressed his intention to terminate the instant lease by serving a copy of the instant complaint on the grounds of the delinquency in rent by Defendant B. The duplicate of the instant complaint reached Defendant B on November 15, 2019.
On the other hand, Defendant B paid 6.6 million won to the Plaintiff on December 16, 2019, which was served with the duplicate of the instant complaint, until October 13, 2019.
[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings are determined. Since the lease contract of this case was lawfully terminated on November 15, 2019, Defendant B is obligated to pay to the plaintiff the amount calculated at the rate of KRW 2,200,000 per month from October 14, 2019 to the date of delivery of the real estate of this case. Upon the plaintiff's request, Defendant B is obligated to receive from the plaintiff the remaining money after deducting the above rent or unjust enrichment equivalent to the above rent from the deposit of KRW 20,000 under the lease contract of this case. Defendant B delivers the real estate of this case, and Defendant C, the possessor, is obligated to leave the real estate of this case.