부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
1. Facts of recognition;
A. On September 6, 2013, the Plaintiff entered into and terminated the instant lease agreement with the Defendant, and, on September 6, 2013, Seoyang-gu C commercial building D and E (hereinafter “instant commercial building”).
(3) A lease agreement provides that a lease deposit shall be KRW 30 million, KRW 1.5 million per month of rent (excluding value-added tax), and a lease agreement shall be concluded between September 30, 2013 and September 29, 2014 (hereinafter “instant lease agreement”).
2) The term of the instant lease was extended at the time of the expiration of the term of the lease or the renewal of the contract was not concluded.
3) The Defendant operated a restaurant with the trade name “F” in the instant commercial building. On September 12, 2014, the Dong Yangyang Tax Office reported the closure of the restaurant’s business on January 14, 2015, and each of the above restaurants to the head of Gyeyang-si, Goyang-si. B. The Plaintiff and the Defendant filed a lawsuit claiming the return of the lease deposit against the Plaintiff on October 8, 2014, as the Defendant was unable to refund the lease deposit from the Plaintiff.
(2014da34679). On December 24, 2014, the court of first instance rendered a favorable judgment in full favor of the Defendant that “the Plaintiff shall pay to the Defendant KRW 30 million and delay damages therefor.”
2) On October 22, 2014, the Plaintiff asserted against the Defendant that the instant lease agreement was implicitly renewed at the Goyang Branch of the District Court, and from September 30, 2014, to September 30, 2014, the Plaintiff filed a lawsuit claiming for the payment of KRW 15 million in total, including the overdue rent of KRW 12 million and the cost of restoring to the original state, etc. (No. 2014DaDa36194, Apr. 1, 2015) (No. 209Da36194, Apr. 1, 2015), the first instance court: (a) filed a lawsuit against the Plaintiff for the payment of KRW 409,150 in total = the Defendant’s annual removal cost of KRW 250,000 on September 14, 2014, the electric utility charge of KRW 1420,00 on September 14, 2014 and each of the aforementioned water charges imposed on KRW 2014.
this shall be applicable.