보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the reasoning of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 15,000,000 and damages for delay, unless there are special circumstances.
On October 7, 2013, the Defendant leased Seocho-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant store”) at KRW 7,000,000 for monthly rent and KRW 70,000 for lease period from November 1, 2013 to October 31, 2015.
B. On November 28, 2013, the Plaintiff: (a) from March 1, 2014 to February 28, 2015, the period from which the Defendant leased part of the instant store from the Defendant to February 28, 2015; (b) set the deposit for sublease as KRW 20,00,000 (hereinafter “instant sublease”); and (c) paid all the said deposit to the Defendant.
C. On January 14, 2014, the Plaintiff sent a notice to the Defendant that the instant sub-lease contract will be terminated on the grounds of Articles 4 and 7 of the instant sub-lease contract, and the said notice reaches the Defendant at that time.
Of the instant sublease deposit, the Defendant returned KRW 5,000,000 ( KRW 1,00,000,000 on September 2, 2014, KRW 2,000,000 on September 25, 2014, KRW 1,000,000 on September 29, 2014, and KRW 1,00,000 on September 29, 2014) to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the defendant's assertion
A. The gist of the assertion 1) The Plaintiff agreed to pay the monthly rent of KRW 700,00 to the Defendant when concluding the instant sublease contract. Therefore, the Plaintiff shall deduct the Plaintiff’s unjust enrichment of KRW 9,100,000 (=700,000 x 5 months) equivalent to the rent from March 1, 2014 to July 30, 2014 (=700,000 x 5 months) and from the following day until August 31, 2015 (70,000 x 13 months).