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1. The defendant paid KRW 64,575,162 to the plaintiff as well as 5% per annum from March 17, 2020 to June 24, 2020.
Reasons
Basic Facts
[Ground for Recognition: Facts without dispute, Gap evidence 1, 6, 7, 8 (including each number; hereinafter the same shall apply)
(1) On September 23, 2014, the Defendant filed a lawsuit seeking unjust enrichment of KRW 127,600,000 per month from September 26, 2014 to September 25, 2014 (hereinafter “relevant lawsuit”) against the Plaintiff, the lessee, as the lessor of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of termination due to the delayed payment of rent. On June 8, 2015, the Defendant filed a lawsuit seeking unjust enrichment of KRW 127,60,000 per month from September 25, 2013 to September 25, 2014 (hereinafter “instant conciliation protocol”). The conciliation was concluded as follows.
1. The Plaintiff and the Defendant agreed on the instant lease agreement concluded on July 9, 2013 and confirmed it as follows.
The term of lease shall be until August 31, 2020.
(b) The rent (referring to an amount excluding the value-added tax; hereinafter the same shall apply) shall be determined as follows:
1) From the time of an initial contract to August 31, 2015, the rent shall be 12,650,000 won (=50,000 won x 23 months) calculated as 5.5 million won per month from October 1, 2013 to August 31, 2015; 2) from September 1, 2015 to August 31, 2016 (3) from September 1, 2016 to August 31, 2017 to 12,00,000 won per month) from September 1, 2017 to August 31, 2018; 13 million won from September 1, 2018 to August 1, 2018 to August 31, 200,0000 won).
C. The Plaintiff shall perform construction works necessary for business, such as removal, extension, repair, etc. of existing buildings until August 31, 2015, except in extenuating circumstances at the Plaintiff’s expense.
The defendant bears 30 million won out of the construction cost and actively cooperates with the construction work in the necessary administrative procedures.
(e) (Omission)
2. The Plaintiff shall pay to the Defendant the following rent, regardless of whether construction is completed or not:
d. 2015.