2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On August 2016, the Plaintiff leased part of the three floors of the 193rd floor of the Meso-si Kimpo-ro, Kimpo-ro, 193 (Pung-dong), which was owned by the Defendant (hereinafter “instant building”).

Since then, the Plaintiff terminated the lease contract with the Defendant on April 28, 2017.

B. The Plaintiff paid a certain amount to the Defendant every month during the lease term under the name of the electricity and water rate of the instant building.

However, the Plaintiff did not use and profit from the instant building as a factory room from January 2, 2016, and the Defendant imposed the electricity and water supply fee on the Plaintiff from January 2017 to April 2017, and collected KRW 3.5 million in total.

C. As such, the Defendant received the above KRW 3.5 million from the Plaintiff without any legal ground, and thus, is obligated to return it to the Plaintiff as unjust enrichment.

2. Considering the following facts and circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the statements set forth in subparagraphs 1, 1, and 1 through 7, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant received money from the Plaintiff without any legal cause, and there is no other evidence to acknowledge otherwise.

① The Plaintiff did not actually use or profit from the instant building from January 2017 to April 2017.

There is no other evidence that it can be deemed that electricity or water supply was not used on a building by day.

② At the time of the lease agreement, the Plaintiff and the Defendant agreed to the special agreement that “public expenses, such as electricity and water supply, are borne by the Plaintiff and the Defendant.”

(The object of the instant lease agreement is part of the three floors of the above floor, and since the inspection of the quantity of electricity and water supply was conducted on the three floors, it seems that such agreement was reached.