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1. The defendant shall be the plaintiff.
A. From February 8, 2020 to KRW 2,00,000 from the Plaintiff, buildings listed in the separate sheet from February 8, 2020.
Reasons
1. Basic facts
A. On March 30, 2019, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit of KRW 10,000,000, monthly rent of KRW 800,000 (in addition, value added tax on April 8, 2019) as well as the lease term of April 8, 2019 to April 7, 2020 (hereinafter “instant lease contract”), and handed over the instant building to the Defendant, and received KRW 10,000,000 from the Defendant.
B. The Defendant did not pay a monthly rent after the conclusion of the instant lease agreement.
C. On July 15, 2019, the Plaintiff notified the Defendant of the content-certified mail that “the Defendant did not pay the monthly rent for three months, and the payment is changed by July 20, 2019.” The Plaintiff notified the Defendant that it would proceed with the extradition suit at the time of unpaid time, and the notification reached the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. The assertion and judgment
A. Since the Defendant’s assertion that it was two or more vehicles, and the lease contract of this case was terminated, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay the unpaid rent and unjust enrichment equivalent to the unpaid rent.
B. The Defendant’s assertion stated that the instant lease contract can be run a beauty art business in the instant building, but the fact was not a permit for beauty art business, and the Defendant requested the rescission of the instant lease contract, but the Plaintiff failed to comply therewith.
The Plaintiff is obligated to refund KRW 10,000,000 to the Defendant.
C. In full view of the evidence and evidence stated in the evidence No. 3 and No. 4 that incurred prior to the termination of the instant lease agreement, Article 4 of the instant lease agreement provides that “The lessee’s overdue rent falls short of the lessee’s two-year overdue rent, or the lessee’s overdue rent.”