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1.The part concerning the claim for payment of money in the principal lawsuit of the judgment of the court of first instance shall be modified as follows:
Reasons
1. As to this part of the facts of recognition, this court's explanation is the same as the corresponding part of the judgment of the first instance except for adding evidence No. 22 to [based grounds for recognition] as follows. Thus, this court's explanation is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“Around August 8, 2012, the Defendant continued operating the instant real estate. However, on May 30, 2012, the Defendant paid KRW 1,112,800 out of the unpaid public charges and the unpaid public charges, which were KRW 6,600,000,000, to the Plaintiff on May 30, 2012, and paid KRW 1,112,80 among the unpaid public charges, and did not pay KRW 4,49,71 after May 8, 2012.”
2. Determination on the main claim
A. As to the cause of the claim, the Plaintiff asserts that the instant lease and the consignment operation contract was lawfully terminated due to the Defendant’s delay, and that the Defendant is obligated to deliver the instant real estate to the Plaintiff, and that 52,80,000 won (=3,00,000 won x 16 months) was calculated by deducting the amount of KRW 15,00,000 from the amount of KRW 62,34,390 minus the amount of KRW 15,00,000,000 for the lease deposit and consignment operation contract from May 2012 to August 2013, 2013, or damages for delay arising from unjust enrichment or illegal occupation (i.e., KRW 3,30,000 x 16 months) and unpaid public charges.
According to the facts recognized by the judgment of the court of first instance cited earlier, the lease and entrusted operation contract of this case was lawfully terminated by the plaintiff's declaration of intent to terminate the contract on the grounds of the defendant's rent delay, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiff as restitution.
In addition, at least 15,00,000 won of the lease deposit of this case, the Defendant’s totaling KRW 13,200,000 (=3,300,000 x 4 months) and the unpaid public charges of KRW 4,49,771.