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1. The defendant shall pay from 18,00,000 won to 7,501,375 won and its amount from September 4, 2018 to the day of full payment.
Reasons
1. Basic facts
A. On July 7, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 18,00,000, monthly rent of KRW 950,000 (excluding value-added tax), and the lease term of the lease from July 7, 2017 to July 6, 2019 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and the Defendant paid KRW 26,625 to the Plaintiff as the monthly management fee.
B. From January 7, 2018, the Defendant did not pay the monthly rent. At least three months from the Defendant’s delinquency, the duplicate of the instant complaint, which contains the Plaintiff’s declaration of intent to terminate the instant lease due to the failure to pay monthly rent, was served on the Defendant on June 19, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on June 19, 2018 due to the Defendant’s nonperformance of obligation.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay damages for delay calculated at the rate of 15% per annum from January 7, 2018 to August 6, 2018, 7,501,375 won [1,071,625 won [1,00 won per month rent 1,045,00 won x 1,000 won x 26,625 won] x 7] of monthly rent and management expenses or unjust enrichment of the instant real estate generated from January 7, 2018 to August 6, 2018, calculated at the rate of 15% per annum from September 4, 2018 to the day of delivery of the instant store from August 7, 2018 to the day of delivery, and to pay damages for delay calculated at the rate of 16,071 won per month from August 16, 2017.
The unjust enrichment to be returned by the Defendant is equivalent to the monthly rent and management expenses of the instant real estate, and the monthly rent and management expenses after the termination of the instant lease agreement shall be determined in the instant lease agreement or the Defendant.