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1. The Plaintiff:
A. Defendant B’s KRW 622,903 as well as 5% per annum from October 19, 2017 to January 18, 2018.
Reasons
1. Facts of recognition;
A. On April 11, 2011, the Plaintiff leased to Defendant B the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) as KRW 12 months of lease term, KRW 3,000,000 of lease deposit, monthly rent of KRW 320,000, and management fee of KRW 30,000 of lease.
(hereinafter “instant lease agreement”). B.
The instant lease agreement was renewed every year and terminated on April 10, 2017.
C. The sum of monthly rent and management expenses unpaid by Defendant B by March 21, 2017 is KRW 3,622,903.
Since March 22, 2017, the instant real estate is occupied and used by Defendant C.
[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant B, Defendant B may claim for rent and management expenses until April 10, 2017, which is the termination date of the instant lease agreement, against the Plaintiff at KRW 3,622,903, the unpaid rent and management expenses under the instant lease agreement. However, Defendant B claimed only the unpaid rent and management expenses until March 21, 2017.
B is obligated to pay to the Plaintiff.
However, Defendant B’s defenses to deduct the deposit amount. As such, Defendant B is obligated to pay 622,903 won, which deducts KRW 3,00,000 of the lease deposit and the management fee unpaid to the Plaintiff, and damages for delay at the rate of 5% per annum as stipulated in the Civil Act, from October 19, 2017 to January 18, 2018, which is the date of the judgment that it is deemed reasonable for the Defendant to resist the existence and scope of the obligation of performance of this case, as requested by the Plaintiff, from October 19, 2017 to the date of delivery of a copy of the application for modification of the claim and the cause of the claim in this case, as requested by the Plaintiff.
3. According to the above facts of recognition as to the claim against the defendant C, the defendant C without title included the evidence No. 1.