1. The Defendant’s KRW 42,780,00 to the Plaintiffs, as well as 5% per annum from December 1, 2017 to May 15, 2018.

1. Basic facts

A. Both the plaintiffs and the defendant are known doctors.

B. On December 2, 2002, the Plaintiffs and the Defendant entered into a partnership contract with the content that they jointly invest and manage “F” located on the fifth fifth floor of the department store located in Seo-gu Daejeon, Seo-gu, Daejeon and the “H point” located on the fourth floor of the Seo-gu, Daejeon.

C. From December 11, 2002 to January 5, 2009, the Defendant and the Plaintiff operated F points, and the Plaintiff B operated H points respectively. From January 6, 2009, the Plaintiffs operated F points and the Defendant operated H points.

On December 31, 2012, the defendant withdrawn from the partnership relationship with the plaintiffs.

E. Even after the withdrawal from the partnership, the Defendant continuously occupied and used the H points while continuously operating the H points, and delivered them to the Plaintiffs on November 30, 2017.

F. With respect to the fourth 402 floor of the Seo-gu Daejeon Special Metropolitan City where H points are located, the amount equivalent to the rent that the Defendant left from the business relationship on December 31, 2012, from around December 31, 2012, to November 30, 2017, which the Defendant ceased to possess and use, is equivalent to KRW 4,278,00.

【Ground for Recognition: Unsatisfy, Evidence A Nos. 1-3, Results of a request for appraisal of fees to an appraiser I, the purport of the entire pleadings】

2. The judgment of the defendant is the partnership of the plaintiffs who are remaining partners after the withdrawal from the partnership relationship maintained by the defendant with the plaintiffs (the owner on the register is the plaintiff B). If there is no special possessory right to occupy and use the H point, the defendant must return to the plaintiffs unjust enrichment equivalent to the rent due to the use of the H point to the defendant.

Therefore, the Defendant calculated, from December 31, 2012 to November 30, 2017, the amount of unjust enrichment equivalent to the rent that the Defendant ceased to occupy and use from around December 31, 2012, and the amount of KRW 4,278,00 from December 1, 2017 to December 15, 2017, which was served on the Defendant, at the rate of 5% per annum as stipulated in the Civil Act from May 15, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.