임대차보증금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the part which is dismissed, deleted, or added as stated in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts 3, 15 to 4, 3, 3, 3, 3, 3, 4, 4, 5, 5, 1, 3, and 5, 5, 1, 1
2) Therefore, the Defendant is obligated to pay to the Plaintiff the amount of 46,148,08 won, such as rent not paid to the Plaintiff, and the amount of 91,80,000 won for unjust enrichment arising from use and profit-making on the first floor of the instant building (i.e., KRW 18 million per month x 51 months), and the amount of 44,50,000 won for unjust enrichment arising from use and profit-making on the fifth floor of the instant building (i.e., KRW 50,00 per month x the sum of KRW 500,00 per month x the amount of KRW 182,48
Part 4 of the decision of the court of first instance refers to the deletion of 16.8 million won of the interest on the deposit and the plaintiff's deposit.
Part 5 of the judgment of the first instance court, "No. 50 through 61 of the evidence No. 40 of the judgment of the first instance" shall be added to "No. 50 through 61 of the judgment of the first instance."
Part VI of the decision of the first instance court from 18th to 20th of the decision is as follows.
Therefore, the defendant's defense of set-off is justified.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.