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1. The part of the judgment of the court of first instance regarding the claim for restitution of unjust enrichment shall be revoked.
2. The Defendant from May 24, 2014 to attached Form 1.
Reasons
1. Basic facts
A. (1) On December 24, 2012, the Plaintiff entered into a lease agreement, and the Defendant and the Plaintiff, and the second floor of 257 square meters among the real estate listed in attached Table 1 Paragraph (1) of the attached Table 1 owned by the Plaintiff (hereinafter “instant restaurant”).
A) A lease agreement is concluded with the terms of a lease deposit of KRW 10,062,00, monthly rent of KRW 1,677,000, and from December 24, 2012 to December 23, 2015 (hereinafter referred to as “the first lease agreement”).
(2) On September 16, 2013, the Plaintiff was paid KRW 10,00,00 as lease deposit with the Defendant. (2) On September 16, 2013, the Plaintiff concluded a lease agreement with the Defendant, setting forth the terms and conditions of the lease deposit amount of KRW 7,038,00,00, KRW 1,173,000, KRW 173,000, and the lease period from December 23, 2012 to December 23, 2015, which successively connected each point of the real estate listed in the attached Table 1 list 1.
(B) The Plaintiff, upon entering into the instant secondary lease agreement, failed to return the difference of KRW 3,024,00 (=10,062,00 - 7,038,00) to the Defendant, while he/she appropriated the deposit as part of the deposit under the instant primary lease agreement, as the Plaintiff concluded the instant secondary lease agreement.
3) Meanwhile, according to the instant lease agreement, where the Defendant is in arrears, 15% of the annual damages for delay shall be paid, and taxes, public charges, and management and maintenance expenses, etc. (hereinafter “management expenses”) shall be paid every month.
(B) The Plaintiff shall pay damages for delay at 15% per annum even in cases where the payment is in arrears, as separately prescribed by the Plaintiff, and the Plaintiff may terminate the lease contract when the Defendant was in arrears for at least three months from the date of the payment. (B) The Defendant’s payment status of rent, etc. 1) is the Plaintiff.