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1. The defendant
(a) deliver 240 square meters of one story among the real estate listed in the attached Form;
(b) 15,200,000 won and its corresponding;
Reasons
1. Facts of recognition;
A. On February 28, 2017, the Plaintiff leased the real estate of 240 square meters on one story (hereinafter “instant real estate”) among the real estate indicated in the attached Form to the Defendant as KRW 10,000,000, monthly rent of KRW 1,200,000, and the lease period of KRW 24 months.
(hereinafter “instant lease agreement”). B.
Under the instant lease agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the rent of KRW 8,400,000,000, which was overdue by C Co., Ltd. prior to the instant real estate lease agreement.
C. By September 30, 2019, the Defendant did not pay to the Plaintiff the rent of KRW 14,400,000,000 for 12 months, which was agreed upon with the Plaintiff. D. The Defendant did not pay the overdue rent of KRW 8,40,000 to the Plaintiff.
On August 28, 2018, the Plaintiff sent to D’s representative director a document to the effect that “if the Plaintiff did not pay the overdue rent by September 15, 2018, the instant lease is terminated” by content-certified mail, and on September 21, 2018, the Plaintiff sent to D’s representative director D a document to the effect that “the instant lease agreement is terminated by content-certified mail” was sent to D as of September 30, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, since the lease contract of this case was terminated as the defendant's default, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay 12,800,000 won, excluding 10,000,000 won, which the plaintiff recognizes as being deducted from the deposit, among the unpaid rent of KRW 22,80,000 (=14,400,000).
B. In addition, the Defendant continued possession of the instant real estate despite the termination of the instant lease agreement, without any legal cause, obtains profits equivalent to the rent, and incurred damages equivalent to the same amount to the Plaintiff. As so, as the Plaintiff seeks, the Defendant shall return 2,400,000 won (=1,200,000 won x 2 months) equivalent to the rent from October 1, 2019 to November 30, 2019, as sought by the Plaintiff.