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1. The defendant shall be the plaintiff.
(a) deliver three-story offices of 404.00 square meters among the real estate listed in the attached list;
(b)7.7.
Reasons
1. Facts of recognition;
A. On November 12, 2014, the Plaintiff: (a) leased the part of the third floor office 404.00 square meters of the real estate listed in the attached Table list (hereinafter “instant building part”) among the real estate listed in the attached Table to the Defendant at KRW 20,000 from November 12, 2014 to November 24, 2016; (b) the deposit amount of KRW 20,000,000 from November 24, 2016; and (c) handed over the said building part around that time.
B. The Defendant not only did not pay the Plaintiff the lease deposit under the instant lease agreement, but also did not pay the rent after July 2015, which led to KRW 7,200,000 as of December 31, 2015.
C. On February 4, 2016, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement against the Defendant on the ground that “the Defendant was in arrears with two or more vehicles” was served on the Defendant.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts found in the judgment on the cause of the claim, the lease agreement on the instant building portion was terminated on or around February 4, 2016, when the duplicate of the complaint was delivered to the Defendant, and thus, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and to pay to the Plaintiff the Plaintiff the total rent of KRW 7,200,000, not paid until December 31, 2015, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 5, 2016 to the day of full payment, which is the day following the delivery of the duplicate of the complaint in this case. The Defendant is obligated to return the rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 1,20,000 per month from January 1, 2016 to the day the delivery of the instant building portion is completed.
B. As to the Defendant’s assertion, the Defendant closed the entrance of the instant building around July 2015 and around December of the same year and failed to enter the said building for about 50 days.