beta
Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) From August 15, 2017 to December 20, 2017.
Reasons
1. Facts of recognition;
A. On August 27, 2015, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff’s instant store as of KRW 35 million, monthly rent of KRW 3,300,000 (after payment on September 15, 2015) and the term of lease from September 15, 2015 to September 15, 2017.
B. On May 30, 2016, the Defendant operated the business in the above store as “C” and requested the Plaintiff to refund the lease deposit while going to study. The Plaintiff returned the lease deposit to the Defendant on May 30, 2016.
C. Even after receiving the refund of the lease deposit, the Defendant continued to operate the business at the said store while paying the Plaintiff the rent as stipulated in the said contract. From December 15, 2015 to three months, the Defendant delayed to pay the rent, which was KRW 90,000,000 on March 17, 2016, and was in arrears for three months from May 15, 2017 to August 14, 2017, and paid only KRW 660,000 on August 17, 2017.
On September 14, 2017, the Plaintiff notified the Defendant, who requested the renewal of the contract, of the fact that he/she increased the rent by 9%, but notified the Defendant of the termination of the contract on October 13, 2017 and the delivery of the store to the Defendant on October 13, 2017.
E. On December 20, 2017, the Plaintiff visited the above store, and reported that the Defendant’s business facilities are all removed, and then visited the said store on December 21, 2017, and replaced the entrance locks.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the above lease contract has expired on September 15, 2017, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the Plaintiff the rent or rent-based unjust enrichment calculated at the rate of KRW 3,300,000 per month from August 15, 2017 to December 20, 2017 when the business was completed at the said store.
B. Meanwhile, the Plaintiff is from September 15, 2017 to the date the delivery of the said store is completed.