부당이득금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The summary of the Plaintiff’s assertion that the Defendants did not pay KRW 35,000,000 out of KRW 75,000,000 of the lease deposit under a lease agreement concluded with the Plaintiff with respect to approximately 7.5 square meters of the first floor of the Plaintiff’s ground-based building D (hereinafter “instant store”) in Gangnam-gu, Seoul. However, after the termination of the said lease agreement, the Defendants were to return KRW 75,00,000 from the Plaintiff as the lease deposit without any legal ground and thereby obtain profit of KRW 35,00,000,000 from the Plaintiff. Accordingly, the Defendants are jointly and severally liable to return the said KRW 35,00,000 to the Plaintiff as unjust enrichment.
In addition, the Defendants did not pay 15,300,000 won out of the rent under the above lease agreement (=2,000,000 won in total from September 1, 1996 and October 1996, and 11,400,000 won in total from July 2007 to December 12, 200), so the Defendants are jointly and severally liable to pay the said rent.
2. Determination
A. First of all, as to the part against Defendant C, whether Defendant C entered into a lease agreement with the Plaintiff on the instant store is insufficient to recognize the lease agreement only with the descriptions of health class A and evidence Nos. 1-1 and 2, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff’s assertion against Defendant C, which is premised on the premise that Defendant C entered into a lease agreement with the Plaintiff on the instant store, is without merit to further examine the remainder of the issue.
B. The following circumstances with respect to Defendant B do not conflict between the parties, or can be acknowledged by the purport of the entire entries and arguments as set forth in No. 1 and No. 1 and No. 2, or are significant in this court.
First, on September 12, 1996, Defendant B entered into a lease agreement with the Plaintiff to lease the instant store by setting the lease deposit amount of KRW 75,000,000, monthly rent of KRW 1,900,000, and the lease period of KRW 2 years (hereinafter “instant lease agreement”), and entered into the instant store.