beta
Text
1. Of the judgment of the court of first instance, KRW 1,372,740 against the Plaintiff and the Plaintiff’s objection thereto from February 4, 2017 to October 26, 2017.
Reasons
1. Basic facts
A. On October 21, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,000,000,000 per annum 1st, Yongsan-gu, Yongsan-gu, Busan-si (hereinafter “instant store”). From October 22, 2015 to February 21, 2017, the lease deposit amount was paid on February 21, 2016, and until February 21, 2016, the lease deposit was set at KRW 80,000,00 per month as the tea until February 21, 2016.
B. On October 22, 2015, the Defendant received delivery of the instant store from the Plaintiff and operated the restaurant at the instant store.
C. On January 14, 2016, the Defendant prepared to the Plaintiff a document to the effect that electricity taxes, public use management expenses, and rent unpaid amount (hereinafter collectively referred to as “electric taxes, etc.”) are KRW 1,532,740, and that such payments will be made by January 21, 2016, and paid KRW 10,000,000 each on January 14, 2016, and delivered the instant store to the Plaintiff on January 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2 and 3-1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant's unpaid electricity taxes, etc., the defendant's waste disposal expenses, cleaning expenses, floor removal expenses, and stolen gas exhausters due to the defendant's negligence, etc., are over KRW 910,000,000, which the defendant paid to the plaintiff from the amount of unjust enrichment equivalent to the defendant's rent, and at least KRW 2,250,101, which should be returned to the defendant as unjust enrichment.
In regard to this, the defendant's remaining 622,740 won if the defendant deducteds the money that the defendant paid to the plaintiff from the unpaid electricity tax, etc., and the repair cost that the defendant spent at the time of leasing the store of this case is 800,000 won, which constitutes the necessary cost.