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1. The defendant is paid KRW 4,712,870 from the plaintiff and at the same time, the building listed in the attached Table is added to the plaintiff.
Reasons
Basic Facts
- On December 2, 2015, the Plaintiff leased the instant building to the Defendant on the condition that deposit KRW 10,000,000, monthly rent KRW 450,000, and the lease period from December 7, 2015 to December 6, 2017 (hereinafter “instant lease contract”).
- The Defendant paid a deposit of KRW 10,000 to the Plaintiff, and resided in the instant building upon delivery from the Plaintiff. From March 2016 to June 2017, the Defendant did not pay a rent at all from around June 2017. As of December 6, 2017, the amount of overdue rent of KRW 5,000 is KRW 5,00,000, and the Plaintiff paid the electric gas fee of KRW 287,130, which was not paid by the Defendant.
[Ground of recognition] In light of the facts without dispute, the written evidence Nos. 2 and 3, and the judgment on the ground of the claim as to the purport of the entire pleadings, the instant lease agreement was terminated on December 6, 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.
The obligation to pay unpaid rents, etc. is the overdue charge of KRW 5,00,000 until December 6, 2017 when the instant lease contract was terminated, and the electric gas charges paid by the Plaintiff are KRW 287,130,00 as seen earlier. Accordingly, the Defendant is obliged to pay the Plaintiff the total amount of KRW 5,287,130.
In regard to this, the Defendant asserted that he did not have any obligation to pay rent thereafter since he left the instant building on August 17, 2017, and therefore, there is no dispute between the parties to move out from the instant building on August 17, 2017, but the said time is the time when the Defendant is obligated to pay the Plaintiff the rent that is agreed upon before the termination of the instant lease agreement. As long as the instant lease agreement was not terminated in the middle of the termination of the contract, etc., the Defendant cannot be deemed to be exempted from the obligation to pay rent until the termination of the instant lease agreement, on the ground that the instant building was not actually occupied and used.