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1. The Defendant’s KRW 678,709 as well as the Plaintiff’s annual rate of KRW 5% from October 17, 2014 to May 22, 2015.
Reasons
1. Basic facts
A. On March 24, 2005, the Plaintiff entered into a lease agreement with the Defendant on the condition that part of the first floor of Pyeongtaek-si’s ground building (hereinafter “instant store”) shall be KRW 20,000,000 per deposit, monthly rent KRW 400,000 per rent, and the lease period shall be based on the lessee’s intention (hereinafter “instant lease agreement”).
B. On May 10, 2005, the Plaintiff completed the registration of establishment of chonsegwon (hereinafter “registration of chonsegwon”) from April 11, 2005 to April 10, 2007 on the whole building including the instant store to the Defendant.
C. The Defendant issued a notice of termination of the instant lease agreement to the Plaintiff at the end of July 2009, and delivered the instant store to the Plaintiff on or around the end of July 2009. The Plaintiff paid KRW 15,000,000 in total to the Defendant on March 3, 2009, and KRW 10,000,000 in terms of the refund of the instant lease deposit.
Meanwhile, the amount of unjust enrichment equivalent to the overdue rent and rent for the instant store that the Defendant did not pay to the Plaintiff is KRW 5,678,709 in total.
Since then, the Defendant filed a lawsuit against the Plaintiff seeking the return of KRW 5 million out of the instant lease deposit (hereinafter “instant lawsuit seeking the return of the instant deposit”) with this court No. 2013Gada4615, and the said court rendered a judgment dismissing the Plaintiff’s claim on October 16, 2013, and the said judgment became final and conclusive on May 15, 2014 through the appellate court.
E. On May 1, 2014, immediately after the judgment of the above appellate court rendered, the Defendant cancelled the registration of the instant chonsegwon.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion as to the portion of the rent 1 is that the Defendant’s overdue charge and unjust enrichment equivalent to the rent 6,590,000 won, both of which are unpaid and unpaid, and thus, the Defendant is at KRW 5,00,000,000.