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1. The Defendant’s KRW 524,539 and KRW 522,690 among the Plaintiff’s KRW 522,690 per annum from April 18, 2018 to August 8, 2018.
Reasons
1. Basic facts
A. On April 25, 2014, the Plaintiff entered into a lease agreement with the Defendant with the terms that the Plaintiff leases real estate listed in the attached Table 1 list (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 20 million, monthly rent of KRW 600,000,000, and the lease term from June 1, 2014 to May 31, 2016.
B. On May 9, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff would be paid KRW 25,000,000 for the lease deposit, KRW 600,000 for monthly rent, and KRW 600,000 for the lease term from May 21, 2016 to May 20, 2017, and that the Plaintiff would be paid KRW 25,00 for the management fee (hereinafter “instant lease agreement”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s determination on the portion of the claim for the delivery of real estate did not conflict between the parties, on the ground that the instant lease agreement was terminated due to the termination of the instant lease agreement or the expiration of the lease term, and that the Defendant delivered the instant real estate to the Plaintiff on April 17, 2018. Therefore, the Plaintiff’s claim for the delivery of the said real estate did not need further review the remainder of the claim.
3. Determination on the portion of the claim for rent payment
A. The Plaintiff seek against the Defendant the payment of the monthly rent or unjust enrichment equivalent to the above rent, calculated at the rate of KRW 625,000 per month from February 22, 2018 to February 22, 2018, which is the sum of KRW 1,125,00,000 as the principal of the unjust enrichment equivalent to the monthly rent and the rent, and damages for delay thereof, KRW 1,335,937, respectively, and KRW 12,585,937, and KRW 625,00 per month.
(b) The security deposit received in the lease of real estate shall be the obligation to guarantee all the obligations of the lessee under the lease, such as rent, damage, damage, etc. of an object, and the amount equivalent to the secured obligation;