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1. The Defendants jointly and severally against the Plaintiff
(a) Annex 1, 2.2, among the 95.80 square meters of buildings listed in the separate sheet, the third floor of the building indicated in the separate sheet.
Reasons
Judgment on the Grounds of Claim
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the entries in Gap evidence Nos. 1 to 4.
1) On July 29, 2017, the Plaintiff between the Defendants and the Defendants on July 29, 2017, the part (A) and 47.9 square meters inboard (hereinafter “instant leased part”) connected each point of the three floors of the building listed in the attached Table 1, 2, 3, 4, 1, and 1.
(B) A lease agreement (hereinafter “instant lease agreement”) that is leased between KRW 10 million, KRW 600,000 per month, KRW 20,000 per month, and KRW 20,000 per month, and the period from August 12, 2017 to August 11, 2019 (hereinafter “instant lease agreement”).
2) On April 6, 2020, the Plaintiff notified the Defendants that the instant lease agreement was terminated on the following grounds: (a) the Defendants paid only rent until December 11, 2018; and (b) the Defendants were in arrears for more than two consecutive years; and (c) the Plaintiff notified the Defendants that the instant lease agreement was terminated.
(3) On May 26, 2020, the Defendants paid to the Plaintiff KRW 3,550,00,00 for five months in arrears (from December 12, 2018 to May 26, 2019) during five months in arrears (from December 12, 2018 to May 26, 201).
B. According to the above findings, the instant lease agreement was lawfully terminated on April 6, 2020 according to the Plaintiff’s declaration of termination.
Therefore, the Defendants are jointly and severally liable to deliver the leased portion of this case to the Plaintiff, and to return unjust enrichment equivalent to the rent calculated at the rate of KRW 633,00 per month from May 27, 2019 to the completion date of delivery of the leased portion of this case.
2. As to the Defendants’ claim for mutual aid, the Defendants asserted that the Plaintiff and the deposit KRW 10 million were to be deducted from the overdue rent of KRW 10,304,545 until April 11, 2020, and that the remaining overdue rent of KRW 304,545 and KRW 3550,000 were to be paid to the Plaintiff for five months from May 2020 to September 2020.
In principle, the lease deposit is after the termination of the lease contract.