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1. The defendant shall pay 26,400,000 won to the plaintiff and 15% per annum from February 1, 2019 to the day of complete payment.
Reasons
Facts of recognition
On July 27, 2016, the Plaintiff leased two-story buildings in Gangnam-gu Seoul, Seoul, from its owner D, and on September 20, 2016, leased the part of 140.65 square meters of the first floor among the above buildings (hereinafter “the instant part of the building”) to the Defendant (hereinafter “instant sub-lease contract”) and agreed on the sub-lease period between September 1, 2016 and August 30, 2018, respectively.
The Defendant occupied and used the instant building upon delivery, and delivered the instant building part to the Plaintiff on February 2, 2019 after the expiration of the said period.
The defendant did not pay to the plaintiff the rent after August 1, 2018.
[Grounds for recognition] According to the facts that there is no dispute between the parties or the defendant does not clearly dispute, the entries in Gap 1, 2, 5, and 7, and the existence of the obligation to pay unjust enrichment equivalent to the unpaid rent or unjust enrichment equivalent to the whole purport of the pleadings, the defendant has the obligation to pay rent to the plaintiff according to the rent agreement while the sublease contract of this case remains in existence.
Meanwhile, even after the end of August 30, 2018 due to the expiration of the sub-lease contract, the Defendant is obligated to return the amount of unjust enrichment equivalent to the rent to the Plaintiff from the day after the end of the said sub-lease contract until the time when the part of the instant building was delivered to the Plaintiff. Thus, the amount equivalent to the rent after the termination of the sub-lease contract shall be confirmed as the same amount as the rent during the said sub-lease contract.
Therefore, within the scope of the rent recognized as above, the Defendant, as sought by the Plaintiff, set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from August 1, 2018 to January 31, 2019 to KRW 26.4 million (=6 million per month x six months) and as to the above, from February 1, 2019 to the date of full payment.