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The Defendant
(a) Connections 1, 2, 3, 4 and 1 in sequence each point among the 1st floor of the building indicated in the attached list;
Reasons
1. The facts as described in the separate sheet of claim concerning the cause of the claim do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 5.
According to the above facts, since the lease contract for the real estate as stated in Paragraph (1) of the Disposition (hereinafter “instant real estate”) is terminated upon termination, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances, and pay the Plaintiff the overdue rent or unjust enrichment of KRW 23,734,430 from November 2020 to the completion date of delivery of the said real estate, and pay the amount equivalent to the rent calculated at the rate of KRW 400,000 per month from December 1, 2020 to the completion date of delivery of the said real estate.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that water leakage was generated in the ceiling of the instant real estate, thereby causing damage to the Defendant’s business, and that the Plaintiff demanded a waterproof treatment, but did not cause damage to the Defendant’s property, such as the damage of seal materials, and thus, the monthly rent was replaced by the deposit.
Although the plaintiff and the plaintiff paid compensation for damages, the plaintiff did not compensate for damages, so the plaintiff shall compensate for damages caused by water leakage.
In addition, the defendant paid rent several times.
Therefore, the plaintiff's claim is without merit.
B. We examine the judgment. The plaintiff revised the purport of the claim to deduct the non-payment arrears that the defendant paid to him, and there is no evidence to acknowledge the defendant's assertion related to water leakage.
[Evidence] Except for cases where an investigation is conducted outside the court (Article 297 of the Civil Procedure Act), a party shall be present and present at the date for pleading or the date for preparatory pleading, and the same shall also apply to cases where a written complaint or preparatory document attached with documentary evidence is stated (see, e.g., Supreme Court Decisions 70Da1240, Aug. 18, 1970; 91Da15775, Nov. 8, 1991).