임차료 및 관리비
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. On August 8, 2015, the Defendant leased the lease deposit amounting to KRW 170,000,000, KRW 300,000 per month, KRW 65,000 per month, management expenses, and KRW 65,00 from October 1, 2015 to September 30, 2017, and paid the Plaintiff KRW 170,000,000 as the lease deposit upon delivery of the instant building.
B. On October 1, 2017, the day following the expiration of the above lease term, the Defendant moved to the instant building, and settled electric charges as of October 1, 2017, and the Plaintiff did not refund the lease deposit to the Defendant.
Accordingly, the Defendant did not notify the Plaintiff of the password of the entrance of the instant building, and completed the registration of housing lease on October 25, 2017.
C. On October 27, 2017, the Plaintiff paid KRW 161,00,000 to the Defendant, and KRW 9,000,000 on November 14, 2017, and returned all of the lease deposit. The Defendant notified the Plaintiff of the above password on October 27, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 3 and 4 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion was made by the Defendant who occupied the building in question even after the completion date of the lease of the instant building, thereby unjust enrichment of considerable amount of rent, etc., the Plaintiff’s monthly rent and management fee of 328,480 won from October 1, 2017 to October 27, 2017, which is the completion date of delivery of the instant building (the monthly rent of 300,000 won and management fee of 65,000 won) ¡¿ 27 days/ 31 days = 317,903 won (the rent of less than KRW 317,903) or the Plaintiff’s claim.
The unpaid electricity charges of KRW 15,70 and KRW 344,250 in total, KRW 22,191 won in total, KRW 9,00,00 in total, and KRW 22,191 in total,00 in total, calculated at the rate of 5% per annum x 0.05 x 18 days (from October 28, 2017 to November 14, 2017) x 32,059 after deducting KRW 365 days in total, and KRW 34,250 in total, KRW 34,250 in total, KRW 22,191) and delay damages therefor.