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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 31,795,90, and shall pay the Plaintiff full payment from March 15, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 1, 2010, the Defendant entered into a lease agreement with the Plaintiff to lease “10 square meters inside the ship connected each point of the attached Form 1, 2, 3, 4, and 1, among the 1st floor of the building listed in the attached Table” (hereinafter “instant store”) by setting the lease period from June 1, 2010 to December 31, 201.
Since then, between the Plaintiff and the Plaintiff on December 30, 2014, the Defendant concluded a lease agreement with the Plaintiff to lease the instant store by setting the lease period from January 1, 2015 to December 31, 2015.
(hereinafter “instant contract”). (b)
The Defendant was engaged in the instant store restaurant with the trade name “B”.
C. The Defendant did not pay monthly rent, management expenses, etc. to the Plaintiff since September 2015.
On July 14, 2016, the Plaintiff sent to the Defendant a certificate that the instant contract is terminated on the grounds of the Defendant’s delinquency in rent, and the Defendant received it on July 15, 2016.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 14 (including branch numbers), and the purport of the whole pleadings
2. Determination on the main claim
A. (1) According to the above facts of recognition, the instant lease agreement was lawfully terminated on July 15, 2016, which served on the Defendant with the proof of the content of the intent to terminate the instant contract on the ground of the Defendant’s delinquency in rent. (2) The Plaintiff sought payment of overdue rent or unjust enrichment equivalent to the rent by November 17, 2016, upon receipt of the key to the instant store from the Defendant.
As to this, the Defendant suspended the business from September 1, 2016 at the instant store and did not use or benefit from the instant store. Therefore, the Defendant made unjust enrichment.