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1.The judgment of the first instance shall be modified as follows:
The defendant shall receive 673,760 won from the plaintiff at the same time.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment, and thus, they are cited by the main text of Article 420
2. Determination on the grounds of the claim for delivery, overdue rent, and unjust enrichment of the store of this case
A. As to the claim for the delivery of the instant store, the Plaintiff and the Defendant agreed on the lease period of the instant store from June 1, 2015 to May 31, 2017. The Defendant paid 900,000 won monthly rent to the Plaintiff after the conclusion of the instant lease contract, and the Plaintiff sent the Defendant a certificate of the purport to terminate the instant lease contract on the grounds of overdue rent, around February 11, 2016. As seen earlier, there is no dispute between the parties that the Defendant still occupies the instant store without returning the instant store to the Plaintiff.
According to the above facts, the Defendant did not pay the rent from October 1, 2015, and since the overdue rent of the Defendant was more than three times at the time of the Plaintiff’s declaration of termination of the instant lease agreement, the instant lease agreement was terminated according to the said declaration of termination.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, barring special circumstances.
B. The summary of the cause of the claim 1) The Plaintiff sought payment of the rent and unjust enrichment accrued from October 5, 2015 to the date following the date when the Defendant completely paid the rent to the Plaintiff ( October 1, 2015), which was calculated at the rate of KRW 900,000 per month from October 5, 2015 to the date when the delivery of the instant store was completed. 2) In the event that the lessee continues to possess the leased object after the termination of the lease agreement, but the lessee fails to use it or make profits according to the original purpose of the lease agreement, thereby resulting in the lessor’s loss.