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1. Defendant B shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from August 26, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On August 10, 2010, the Plaintiff leased (hereinafter “instant lease contract”) Nos. 101 and 102 of the building D located in Gwangjin-gu, Seoul (hereinafter “instant store”) from Defendant B for the lease deposit of KRW 20 million, KRW 1.3 million per month, and KRW 1.3 million per month from August 25, 2010 to August 25, 2012 (hereinafter “instant lease contract”), and around that time, paid KRW 10 million to Defendant B as the lease deposit.
B. Meanwhile, as of August 10, 2010, the date of entering into the instant lease agreement, the Plaintiff agreed to pay KRW 10 million for the premium to Defendant C representing the tenant E (hereinafter “instant premium agreement”), KRW 1 million on the same day, KRW 4 million on the same month, KRW 5 million on the 20th of the same month, and KRW 10 million on the 27th of the same month, and KRW 5 million on the 27th of the same month, and KRW 10 million on the 27th of the same month, to E or the Defendant C on his behalf.
C. Defendant B, on the ground that the Plaintiff did not pay KRW 10 million out of the lease deposit amounting to KRW 20 million and did not pay monthly rent, Defendant B terminated the instant lease agreement on March 8, 201, and Defendant B filed a lawsuit against the Plaintiff seeking payment of KRW 1.4 million per month from September 25, 201 to September 25, 201, seeking the delivery of the instant store and payment of the unpaid rent and unjust enrichment equivalent to the unpaid rent from September 25, 2010 to the delivery date, and received a favorable judgment.
【Court of Grounds for Recognition】 Each entry of Gap’s 1, 2, 3, 4, 5, and 7 evidence, and the purport of the whole pleadings.
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion terminated the instant lease agreement, and around March 9, 2016, the Plaintiff delivered the instant store to the Defendants. As such, the Defendants paid KRW 10 million to the Plaintiff (i.e., KRW 10 million paid by the Plaintiff at the time of the conclusion of the instant lease agreement and KRW 6.3 million paid to the Plaintiff from August 27, 2010 to March 3, 2016, the amount of KRW 908 million paid from August 27, 2010 to March 3, 2016 is KRW 65 minutes, and the amount paid as the rent is KRW 84.5 million.