For the reasons indicated in its holding, the court below held that the defendant was liable to return the lease deposit amount of KRW 130 million to the non-party company as unjust enrichment and to pay interest accrued therefrom from the date of receiving the above money. The court below determined that the plaintiff acquired the claim of KRW 60 million and interest accrued therefrom from the non-party company, among the above unjust enrichment refund claims, from the non-party company, on the ground that it requested the non-party golf business company (hereinafter referred to as "non-party company") to compensate for the expenses and effort incurred in the operation of the screen golf course, etc., and gains profits by failing to return it. In addition, the non-party company was deemed to have suffered losses due to the non-party company's failure to return the lease deposit amount of this case.

However, we cannot accept the above determination by the court below for the following reasons.

The judgment below

According to the reasoning and the record, the non-party company: (a) leased the instant store from the non-party New Flag Co., Ltd. for the operation of the screen golf course on or around January 20, 2012, and paid KRW 150 million to the non-party New Flag (hereinafter “New Flag”); and (b) agreed on the lease agreement with the non-party company on June 22, 2012 with the non-party company to transfer the right to lease; and (c) transferred the right to refund the lease deposit amount equivalent to KRW 130 million remaining after deducting the sum of the unpaid rent and management expenses from the said lease deposit, and the defendant transferred the right to refund the lease deposit amount equivalent to KRW 130 million to the defendant on June 23, 2012, KRW 130 million on the lease deposit and KRW 2300 million on the instant store, KRW 2300,000,000 on June 23, 2012.