1. The Defendant’s KRW 6,466,652 as well as the Plaintiff’s KRW 5% per annum from October 28, 2016 to November 30, 2016, and the following.

1. Grounds for recognition;

A. On November 2012, the Plaintiff entered into a lease agreement with the Defendant, which is a deposit of KRW 15,00,000,000, monthly rent of KRW 2,000,000 for each of the instant land and buildings (hereinafter “instant land and buildings”), and between November 8, 2012 and November 10, 2016 for the lease term of KRW 15,000 for each of the instant land and buildings.

(hereinafter “instant lease agreement”). B.

Article 4 of the instant lease agreement provides that the Plaintiff may terminate the lease agreement immediately in the event that the Defendant fails to pay two times or more.

C. On November 8, 2012, the Plaintiff delivered the instant land and building to the Defendant.

From April 20, 2015, the Defendant delayed to pay the rent. From January 2016, when the instant lawsuit was pending, to July 2016, the Defendant remitted the Plaintiff KRW 10,000,000 in total under the name of rent.

The Defendant returned the instant land and buildings to the Plaintiff around August 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7 (including each number, hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant was already in arrears at the time of filing the instant lawsuit, and the Plaintiff expressed his/her intent to terminate the instant lease by serving a copy of the instant complaint on the Plaintiff. As such, the instant lease agreement was clearly terminated on November 18, 2015, on the record, on the date when the duplicate of the instant complaint was served on the Defendant.

According to the Plaintiff’s claim, when the Defendant calculated unjust enrichment equivalent to the rent or rent for the 15th day from April 20, 2015 to August 12, 2016 when the Defendant returned the instant land and building to the Plaintiff, from April 2015, from August 12, 2016, 31,46,652 won [(2,00,000 won per month x 15 months x 6666 won x 22 days]. Here, the amount of KRW 15,00,000 and KRW 10,000 that the Defendant paid to the Plaintiff during the course of the instant lawsuit.