부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts, the Plaintiff’s assertion, and the reasons why the court should explain this part, are the same as the corresponding part of the judgment of the first instance, except that “The Plaintiff filed a final appeal against the above judgment with the Supreme Court Decision 2017Da270060, which is currently pending in the lawsuit as the Supreme Court,” which read “The Plaintiff appealed with the Supreme Court Decision 2017Da270060, Dec. 21, 2017 and the judgment of the first instance became final and conclusive after the dismissal of the first instance judgment became final and conclusive as it becomes final and conclusive” under the main sentence of Article 420 of the Civil Procedure Act. Accordingly, this part is cited as it is in accordance
However, the part of the Plaintiff’s assertion is that “the Plaintiff returned the lease deposit of KRW 33 million to E on behalf of the Defendant, so the Defendant is liable to pay the Plaintiff the above KRW 33 million and the damages for delay.”
2. The judgment of the Defendant, when entering into the instant secondary lease agreement with E on February 2, 2010, received KRW 33 million as the lease deposit, and the Plaintiff returned the said KRW 33 million to E on September 22, 2011, and the delivery of the instant real estate was as seen earlier. As such, the instant secondary lease agreement was terminated on September 22, 201, and the Defendant, a lessor of the instant secondary lease agreement, is obligated to return KRW 33 million to E, a lessee. Accordingly, the Defendant, a lessor of the instant secondary lease agreement, is obligated to return the lease deposit amount to E, and the Defendant, on behalf of the Defendant, is obligated to pay the Plaintiff the said KRW 33 million and delay damages.
In this regard, the defendant asserts that the claim for the return of the lease deposit against the plaintiff and the claim for the unpaid wage amount of KRW 30 million against the plaintiff are offset against the plaintiff's claim for the reimbursement of KRW 33 million against the defendant.
In concluding the instant first lease agreement between the Plaintiff and the Defendant, the Plaintiff agreed to substitute for the lease deposit the amount of KRW 30 million out of the purchase price of the instant real estate to be paid to the Defendant.