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1. The Defendant’s KRW 59,600,000 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2018 to August 16, 2018.
Reasons
1. Facts of recognition;
A. On February 1, 2011, Nonparty E Co., Ltd. (hereinafter “Nonindicted Company E”) concluded a lease agreement with the Defendant and the first floor G and H located in the Seoul Mapo-gu Seoul Mapo-gu Seoul F building (hereinafter “instant real estate”). The lease agreement was concluded by setting the lease deposit amount of KRW 100,000,000 and the lease term of KRW 4,00,000 from February 1, 201 to January 31, 2014 (excluding value-added tax).
B. On February 1, 2012, the Plaintiff received the rent claim from the non-party company against the Defendant. On March 4, 2016, after the termination of the lease agreement, the Plaintiff received the claim for return of unjust enrichment against the Defendant arising when the Defendant continued to use and benefit from the instant real estate, and notified the Defendant of each of the above assignment of claims.
C. Since April 2017, the Defendant paid only KRW 4,400,000, out of rent, and did not pay the remainder, and the Defendant currently occupies the instant real estate.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 9, the purport of the whole pleadings
2. Determination
A. We examine the determination on the cause of the claim. According to each of the above facts, the defendant is obligated to pay to the plaintiff the rent (or unjust enrichment on the rent) from April 2017 to July 2018, 59,600,000 won (or 4,00,000 won x 16-4,400,000 won x 16 months x 16-4,000), as the plaintiff seeks after the final due date for payment, 5% per annum as prescribed by the Civil Act from August 1, 2018 until August 16, 2018, which is the delivery date of the copy of the application for modification of the purport of the claim of this case and the cause thereof, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.
(Plaintiffs filed for damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2018, but this part of the claim is dismissed as there is no reason to do so.
On the defendant's argument.