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1. The defendant
(a) deliver 77.4 square meters per floor among the real estate listed in the attached list;
(b) 6,500,000 won and its corresponding;
Reasons
1. Facts of recognition;
A. On May 15, 2014, the Plaintiff: (a) leased KRW 10,000,000, monthly rent of KRW 600,000; and (b) from June 5, 2014, the Plaintiff agreed to receive KRW 5,000,000, out of deposit money, from the Defendant for monthly rent of KRW 650,000 until the payment date, instead of paying later KRW 650,000,00.
B. Accordingly, the Defendant paid the Plaintiff KRW 5,000,000 among the above deposit, and received the instant commercial building from the delivery, but did not delay that the commercial building was monthly from July 5, 2014.
C. On April 23, 2015, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground of the rent delay.
2. According to the facts acknowledged above, the lease contract between the plaintiff and the defendant with respect to the commercial building of this case is deemed to have been terminated lawfully. Thus, the defendant is obligated to deliver the commercial building of this case to the plaintiff and return unjust enrichment from the overdue rent or rent party, barring any special circumstance.
As to this, the Defendant agreed to first deduct the unpaid rent from the deposit.
However, the plaintiff's assertion that the plaintiff could not respond to the plaintiff's claim on the ground that he could not achieve the purpose of lease because he did not notify the plaintiff that he illegally changed the use of the commercial building of this case, and that he could not respond to the plaintiff's claim on the ground that he suffered a large amount of damages to the defendant. However, the above argument
Therefore, the defendant delivers the commercial building of this case to the plaintiff, and as requested by the plaintiff, from July 5, 2014 to May 4, 2015, the rent of KRW 6,500,000 (i.e., 650,000 per month to 10 months), and as to this, the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 3, 2015 to the day of complete payment.