(영문) 대전지방법원천안지원 2017.10.25 2017가단403

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(영문) 대전지방법원천안지원 2017.10.25 2017가단403

임료

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1. The Defendant shall pay KRW 9,00,000 to the Plaintiff the annual interest rate of KRW 15% from August 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. From March 4, 2010 to March 3, 2015, the Plaintiff entered into a lease agreement with C by setting a deposit of KRW 75,000,000, monthly rent of KRW 300,000, and the lease period from March 4, 2010 to March 3, 2015, with respect to the building, etc. on the land of 775 square meters and its ground, etc. in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Incheon, and thereafter, operated the Vice General at that place.

B. On February 7, 2011, the Plaintiff entered into a sub-lease contract with the Defendant for the monthly rent of KRW 1,500,000, and the period from February 6, 201 to February 7, 2015 (hereinafter “sub-lease contract”) with respect to part of the leased object (hereinafter “sub-lease object”), and thereafter, the Defendant operated a mutual license called E from the leased object.

C. On January 8, 2016, C filed a lawsuit against the Plaintiff (the instant Plaintiff; hereinafter the same shall apply) and the Defendant, claiming that the Plaintiff’s service of a copy of the complaint on the grounds of the Plaintiff’s delinquency in rent as the Plaintiff’s 2015da100750, and the name of the building (hereinafter “related lawsuit”) was rendered a favorable judgment on November 25, 2015, and the conciliation was concluded between C and the Plaintiff at the appellate court that appealed only.

After that, the Defendant occupied and used the leased object of this case, and entered into a lease contract with C on February 3, 2016 by setting the monthly rent of KRW 2,500,00 and the lease period of KRW 1 year from the date of entering into the contract.

[Ground of recognition] Facts without dispute, Gap 1 to 7 evidence, Eul 1 to 11 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Since the termination of the sub-lease contract, the sub-lessee is obligated to return the amount equivalent to the rent until the time of the sub-lease to the sub-lease as unjust enrichment even after the termination of the sub-lease contract. As seen earlier, as seen earlier, the Defendant filed a lawsuit against the Plaintiff and the Defendant by C from February 7, 2015.

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