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1. The Defendant’s KRW 16,554,721 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2016 to May 24, 2017.
Reasons
1. Facts of recognition;
A. On December 18, 2013, the Plaintiff entered into a lease agreement between the Defendant and the Defendant (hereinafter “instant lease agreement”) with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), with a deposit of KRW 80,000,000, the rent of KRW 4,400,000 (in addition to the interest rate of KRW 15% per annum at the end of each month, if the monthly rent is overdue, the interest rate of KRW 15% per annum shall be paid in the following month). A lease agreement between February 15, 2014 and February 15, 2019 (hereinafter “the instant lease agreement”). At that time, the Plaintiff paid all the deposit of KRW 80,000,000 as stipulated in the said agreement to the Defendant (hereinafter “the instant lease deposit”).
B. Meanwhile, when the Plaintiff was in arrears in the amount of the rent in arrears exceeding the total amount of five months since the beginning of the instant lease agreement, the Defendant, around September 1, 2015, sent to the Plaintiff a certificate of the purport that the instant lease agreement will be terminated on the ground of the Plaintiff’s delinquency in payment of rent (the Plaintiff was served on September 2, 2015). On September 17, 2015, the Plaintiff filed a lawsuit seeking unjust enrichment against the Plaintiff from September 2, 2015, as the court’s delivery of the instant real estate at KRW 25,880,000, the total amount of the rent in arrears until August 31, 2015, and from September 17, 2015 to September 27, 2015 (hereinafter “the instant lawsuit seeking unjust enrichment”).
C. In the instant lawsuit, on December 4, 2015, the Defendant was sentenced to a favorable judgment with the purport that “the Plaintiff shall deliver the instant real estate to the Defendant, and KRW 28,150,000 (i.e., the amount of KRW 25,880,000 in arrears plus KRW 2,270,00 in delay) and the amount of KRW 4,840,00 in interest from September 1, 2015 to the completion date of delivery of the instant real estate.”