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1. The defendant,
A. From 165,831,175 won to 165,175 won from the Plaintiff, the first floor among the real estate listed in the separate sheet from August 10, 2014 is 109.
Reasons
1. Facts of recognition;
A. On June 25, 2008, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant agreement”) with regard to the instant store owned by the Plaintiff on three years from August 11, 2008 to August 9, 201, with the lease deposit of KRW 1.6 million, monthly rent of KRW 1,800,000 (excluding value-added tax), and the lease term of the instant store from August 11, 2008 to August 201.
B B C
B. The Defendant paid to the Plaintiff KRW 160,000,000 as lease deposit, and operates B convenience points at the instant store.
C. On May 19, 2014, the Plaintiff sent to the Defendant a certificate of content that states the termination of the instant contract, and at that time, the Plaintiff reached the Defendant’s certificate of content. On July 3, 2014, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff did not intend to renew the contract upon the Defendant’s request for renewal, and thereafter, served the Defendant with the content certification.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the instant contract was implied renewal after August 9, 201, but the Plaintiff’s certificate of content as of May 19, 201 reaches the Defendant, and was terminated due to the expiration of the term of the instant contract on August 9, 2014, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff.
In addition, the Defendant did not pay to the Plaintiff the amount calculated at the rate of KRW 1.8 million per month from August 10, 2014 to the closing date of pleadings. The Defendant’s continued use of the instant store is either a dispute between the parties or recognized as above. As such, the Defendant is obligated to return to the Plaintiff the amount calculated at the rate of KRW 1.8 million per month from August 10, 2014 to the delivery date of the instant store.
However, the unjust enrichment equivalent to the above rent is below.
As determined in the paragraph, the lease deposit paid by the defendant shall be deducted.