부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 8, 200, the Plaintiff and the Defendant concluded a lease agreement on the part of the restaurant (hereinafter “instant restaurant”) among the first floor of the Yangcheon-gu Seoul building owned by the Defendant, and agreed that the lease agreement shall be made between January 10, 200 and March 9, 2001, the lease area of KRW 480 square meters (145 square meters), the lease area of KRW 100,000,000, monthly rent of KRW 8,593,750, monthly management fee of KRW 2,392,50 (including value-added tax; hereinafter the same shall apply), and the lease agreement shall be made to the other party in writing at least 30 days before the expiration of the lease period, in order to maintain the lease relationship after the expiration of the lease period.
(hereinafter “instant lease agreement”). From around that time, the Plaintiff operated a public restaurant in the instant restaurant.
B. On May 7, 2001, the Defendant, on the ground that the leased area was adjusted to 542.18 square meters (164.01 square meters) and 19.01 square meters increased, notified the Plaintiff that the Plaintiff would be deemed to have no contractual intent if it did not notify the Plaintiff of the acceptance of the above terms and conditions and the performance of the contract, by setting up the terms and conditions of the lease that raise the monthly rent to KRW 150,00,000, monthly rent to KRW 9,174,660, monthly management fee to KRW 2,706,165.
The Plaintiff and the Defendant renewed the instant lease agreement with the content that from March 10, 2001 to March 9, 2002, from March 10, 2001, the lease area was KRW 542.18 square meters (164.01 square meters), KRW 100,000,00 for monthly rent, KRW 9,724,660 for monthly rent, and KRW 2,706,165 for monthly management fee, respectively.
C. Since then, the Plaintiff and the Defendant, from March 2008, renewed the lease contract with the leased area of 542.18 square meters (164.01 square meters) as follows:
From March 2009, the Plaintiff used the instant restaurant without renewal of the lease agreement, and paid rent and management expenses according to the terms and conditions of the renewed contract on March 2008.
The lease term deposit (cost) monthly management fee (cost) from March 10, 2002 to March 9, 2003 8,624,624, 660 2,706, 165 to March 340, 2003 to March 9, 2004. < Amended by Act No. 7063, Mar. 10, 2000,000; Act No. 8880, Aug. 8, 2080>