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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In fact, between the Plaintiff and the Plaintiff on February 9, 2010, the Defendants of the instant lease agreement and D entered into a lease agreement with respect to the land of E and 14 lots and buildings on its ground (excluding funeral parlors, parking lots, common use; hereinafter “the leased objects of this case”), with a lease deposit of KRW 400,000,000, the lease deposit of KRW 5 years from April 1, 2010, and the rent of KRW 25,00,000 for the first one year from the lease of the lease term separately with the value-added tax, and the interest rate of KRW 28,00,000 for each month until the end of each month. However, a lease agreement was concluded to pay the overdue interest calculated at the rate of 18% per annum (hereinafter “instant lease agreement”).
The Defendants paid KRW 400,00,000 to the Plaintiff according to the instant lease agreement, and operated the hospital in the name of “F Hospital” from April 1, 2010 to “F Hospital” (hereinafter “instant hospital”).
The instant lease agreement terminated on March 31, 2015, and the Defendants’ side used and used the instant leased object as a hospital until July 11, 2015, and delivered the instant leased object to the Plaintiff on September 9, 2015.
The Defendants filed a lawsuit against the Plaintiff on September 2, 2016 against the process of the relevant civil procedure, claiming for the overdue rent of KRW 400,00,000 from the lease deposit of the instant lease agreement until March 31, 2015, the amount calculated by deducting unjust enrichment equivalent to the rent from April 1, 2015 to July 11, 2015, and the amount calculated by deducting unjust enrichment equivalent to the rent from the owner of unjust enrichment from April 1, 2015 (this court 2016Ga70,74036). Accordingly, the Plaintiff, in addition to the portion where the Defendants delivered the leased object of the instant lease, raised a defense that the Plaintiff should additionally deduct the amount calculated at the ratio of the sum of the amount of unjust enrichment from the rent of KRW 30,80,00 by September 9, 2015.
(b).