부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 49,867,972 and the interest rate of KRW 15% per annum from December 12, 2016 to the date of full payment.
In the instant case where the Plaintiff, a lessee of the trial process, filed a claim for the return of unjust enrichment or a claim for damages based on a tort against the lessor, the court conducted an examination of evidence, such as documentary evidence submitted by both parties during the six-time period for pleading, inquiry inquiry, reply, etc. to the related agencies such as the Korea Electric Power Corporation.
As the premise for determination - The following facts are the premise for the plaintiff's legal assertion as to the premise facts and the premise facts, the following facts can be acknowledged by either of the parties to a dispute or by presenting Gap's evidence Nos. 3, 9, and 10 (including a serial number; hereinafter the same shall apply) and the inquiry reply to the Korea Electric Power Corporation.
From May 30, 2008 to February 28, 2016, the Plaintiff leased from the Defendant a 340.75 square meters of the 1st floor of the 340.75 square meters of the 2nd ground D buildings outside Incheon Nam-gu, Incheon (hereinafter referred to as “instant building”); and the 1st floor store leased by the Plaintiff (hereinafter referred to as “instant store”) and operated the restaurant.
The plaintiff paid the electricity fee and management fee to the defendant during the term of the lease, as shown in the attached Table 1 â…… â…… â………………â……, â……………….
The defendant did not notify the plaintiff of the amount of electricity used by the plaintiff while notifying the plaintiff of the electricity fee, and indicated it on the tax invoice from January 2015, and the details are as shown in the attached Table 2.
In comparison with the above description No. 4-1, the Plaintiff was fully liable for the electric utility charges imposed on the instant building for a total of 29 months from January 2013 to June 2014, and from October 2014 to August 2015, the Plaintiff was a sole lessee of the instant building for 29 months.
On the other hand, the Plaintiff paid KRW 635,00 per month to the Defendant during the lease period, separately from the above electricity charges.
The plaintiff's assertion