1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 8,141,190 and its amount on May 22, 2016.
On March 6, 2013, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) from the Defendant as “rental deposit: KRW 20 million; KRW 1.25 million for the first year; KRW 1.5 million for the second year; KRW 1.5 million for the second year; and KRW 5 million for each month; and KRW 5 million for the lease period: From March 6, 2013 to two years (hereinafter “instant lease agreement”); and around that time, the Plaintiff paid KRW 20 million to the Defendant.
In May 2014, the Plaintiff and the Defendant agreed to reduce the monthly rent of KRW 1 million (hereinafter “instant reduction agreement”) from May 6, 2014 to March 5, 2015 (hereinafter “instant reduction agreement”).
The Plaintiff paid the Defendant a total of KRW 31,000,000 to the rent, and the instant lease agreement terminated on March 5, 2015.
The plaintiff uses the building of this case even after the lease term expires.
May 21, 2016, delivered to the defendant.
[Grounds for recognition] The Plaintiff is obligated to pay to the Plaintiff the lease deposit amount of KRW 20 million and damages for delay from May 22, 2016, as the instant lease agreement was terminated on March 5, 2015, and the Plaintiff delivered the instant building to the Defendant on May 21, 2016, barring special circumstances.
The amount of unjust enrichment equivalent to the unpaid rent or the amount of unjust enrichment during the period during which the plaintiff had occupied the building of this case is determined to be as follows:
Therefore, the sum of unjust enrichment of the rent or the rent from March 6, 2013 to May 21, 2016 from May 21, 2016 is 42,50,000 won [1,50,000 won x 12 months] (1,500,000 won x 1,000 x 14.5 months) (1,000 won x 100,000 won x 14.5 months), and the amount of unjust enrichment equivalent to the unpaid rent or rent (42,50,000 won - 31,00,000,000 won - 31,00,000 won for the said deposit must be deducted from the said deposit. The nature of the claim for a period (unit: 1,000 won per unit).