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1. The portion of the claim for return of unjust enrichment added in the trial shall be dismissed;
2.The change in exchange at the time of the trial.
Reasons
1. Basic facts
A. On August 14, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 900,000 (payment on August 8, 201), and the term of the contract from October 8, 2015 to October 7, 2016, with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant store”).
The provisions relevant to this case in the contents of the contract are as follows:
Article 7 (Termination of Contract) (2) In cases where a lessee fails to pay the rent for the period of three years or violates Article 4 (1), the lessor may terminate the contract.
Article 8 (Termination of Contracts and Protection of Opportunity to Collect Premiums) (1) Where a contract is terminated, the lessee shall restore the commercial building to its original state, and at the same time the lessor shall return the deposit to the lessee.
[Matters of special agreement] ① In case where a lessee uses a facility for at least five years with the consent of a lessor, it is deemed that there is no return or restoration of the cost for beneficial use between the lessee and the lessee.
Provided, That when a lease contract is terminated within five years, the lessee shall be obliged to restore it.
(2) A lessee shall assume the responsibility to pay management expenses during the period of use of buildings.
(3) The rent for the first two months ( October 8, 2015- December 7, 2015) shall be exempted.
B. From December 8, 2015 to January 7, 2016, the Defendant did not pay rent of KRW 400,000 out of the rent of KRW 900,000 from January 7, 2016, and the Plaintiff did not pay rent until June 7, 2016. On June 17, 2016, the Plaintiff notified the termination of the instant lease agreement on the ground that the Defendant was in arrears with three or more vehicles by mail verifying the content of the lease, but the mail was returned.
C. On or around June 22, 2016, the Plaintiff and the Defendant paid KRW 5,800,000 to the Defendant for rent deposited after January 8, 2016 until July 20, 2016 and unpaid until August 20, 2016.