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1. The Defendants jointly do so to the Plaintiffs:
A. From March 15, 2017 to KRW 2,700,000 from the Plaintiffs, the list is as shown in the attached Table.
Reasons
1. Facts of recognition;
A. On June 23, 201, the Plaintiffs entered into a lease agreement with the Defendants on the instant building portion of KRW 10,000,000, KRW 700,000 per month, and KRW 15,00 per month, and the lease term from July 15, 201 to July 14, 201. After that, on June 23, 2014, the Plaintiffs entered into a lease agreement with the same lease deposit, KRW 80,000 per month, and from July 15, 2014 to July 14, 2016 (hereinafter “instant lease agreement”).
B. The Defendants paid 10,000,000 won as lease deposit to the Plaintiffs, and received delivery of the instant building part from the Plaintiffs.
C. As the term of the instant lease agreement expires on July 14, 2016, the Defendants prepared a letter of intent to deliver the instant building to the Plaintiffs by September 30, 2016. However, it has been used and profit-making until now. The Defendants’ unjust enrichment amounting to delayed rent or rent by March 14, 2017 near the date of the conclusion of the instant pleadings is KRW 7,30,000 in total.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings
2. According to the above facts, since the lease contract of this case was terminated at the expiration of the term, the defendants are jointly obligated to deliver the part of the building of this case to the plaintiffs as joint lessees unless there are special circumstances.
However, in the event that a lease contract is terminated, the lessor’s duty to return the lease deposit and the lessee’s duty to deliver the leased object are related to the simultaneous performance, and the lessee’s obligation to return unjust enrichment arising from the time of delivery of the object after the termination of the lease contract must be naturally deducted from the lease deposit. Therefore, the Defendants jointly hold the lease deposit amount of KRW 2,700,000 remaining from the Plaintiffs (=10,000,000 - the lease deposit of KRW 7,300,000) until March 14, 2017, from March 15, 2017.