부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 18,089,530 and the interest rate of KRW 15% per annum from June 26, 2015 to the day of full payment.
1. Facts of recognition;
A. On May 2, 2008, the Seoul Metropolitan City Urban Railroad Corporation (hereinafter “Seoul Urban Railroad Corporation”) and the Defendant entered into a lease agreement with the same Seoul Special Metropolitan City, Nowon-gu, on a part of the first floor waiting rooms underground in the 1409 subway No. 7 subway No. 850,518, Jun. 4, 2008 (hereinafter “instant lease agreement”). On June 4, 2008, the lease deposit was KRW 15,650,518, monthly, KRW 17,294,50, and the lease term was changed from May 2, 2008 to July 10, 2013 (hereinafter “instant lease agreement”).
B. On June 2008, the Defendant: (a) transferred to the Plaintiff about 190.2 square meters of one store among the substitute rooms leased as above (hereinafter “instant shop”); and (b) renewed the sub-lease contract; (c) on August 1, 2012, the amount equivalent to 12% of the monthly sales; (d) on the basis that the deposit for sub-lease is KRW 150,000,000 and the monthly rent, the minimum amount of guarantee was set at KRW 12,00,000 and the period of sub-lease from August 1, 2012 to July 31, 2013 (hereinafter “instant sub-lease contract”); and (e) the Seoul Urban Railroad Corporation approved the instant sub-lease contract.
C. On February 18, 2013, Seoul Urban Railroad Corporation demanded the Defendant to submit a master plan by April 9, 2013, since the termination date of the instant lease agreement was July 10, 2013. However, the Defendant rejected it.
The Seoul Urban Railroad Corporation filed a lawsuit against the Plaintiff and the Defendant seeking unjust enrichment or damages on the ground that the Plaintiff and the Defendant refused to deliver the instant store, on the grounds that the period of the instant lease agreement expires, as Seoul Central District Court 2013da512381. On June 11, 2014, on the ground that the instant lease agreement period was terminated on July 10, 2013, the Plaintiff and the Defendant transferred the instant store to each Seoul Urban Railroad Corporation, and the instant store was delivered from July 11, 2013 to the delivery date of the instant store.