1. The Defendant’s KRW 115,00,000 as well as 5% per annum from April 20, 2018 to October 16, 2018 to the Plaintiff.

1. Basic facts

A. On September 15, 2012, the Plaintiff entered into a lease agreement with C and the Plaintiff with the lessee, C, the lessor, and the object of the lease at KRW 145,00,000,000,000,000 for the lease deposit, and the term of lease from October 5, 2012 to October 4, 2014 (hereinafter “instant lease agreement,” and thereafter, paid KRW 145,00,000 for the instant lease deposit to C around that time.

B. On November 1, 2012, the Plaintiff filed a move-in report for resident registration with the domicile of the instant apartment.

C. After the termination of the instant lease agreement, the Defendant, a lessor, received KRW 145,00,000 from C the lease deposit of this case, and the Defendant used KRW 30,000,000 among them to repay the loan that the Plaintiff had received at the time of the instant lease agreement.

As of the date of closing argument of this case, the defendant was divorced from E as of the date of the plaintiff's oral argument of this case.

【Ground for Recognition: Facts without dispute (including the fact that the plaintiff was a person), entries in Gap evidence 1, 2, and 3, the purport of the whole pleadings】

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion is the Plaintiff and the person who paid the instant lease deposit is also the Plaintiff. As such, KRW 145,00,000 of the instant lease deposit is the money that ought to be returned to the Plaintiff after the termination of the lease contract.

However, the Defendant received KRW 115,00,000 out of the lease deposit of this case and arbitrarily used it, which is the Defendant’s unjust profit. Thus, the Defendant is obligated to pay the Plaintiff the aforementioned unjust enrichment of KRW 115,00,000 and delay damages.

B. The content of the defendant's assertion is as shown in the attached Form, and the content thereof is ① the actual deposit for the lease of this case.