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1. As to KRW 28,30,164 and KRW 3,330,164 among the Plaintiff, the Defendant shall have 5% per annum from November 8, 2018 to April 2, 2019.
Reasons
1. Summary of the parties' arguments
A. The Plaintiff’s ground of claim 1) Payment of unpaid rent and return of unjust enrichment (hereinafter “instant Claim 1”).
(A) The Plaintiff and the Defendant concluded a lease agreement with the Defendant, from December 2008 to December D, 2008, to live in the Seo-gu Incheon Metropolitan Government Library D (hereinafter “instant housing”) and to the Plaintiff at the monthly rate of KRW 200,000 per month.
However, the Defendant did not pay monthly rent from February 18, 2009 to November 7, 2018, the delivery date of the instant house.
Therefore, the Defendant is obligated to pay the unpaid rent to the Plaintiff and return the unjust enrichment from the possession of the instant house.
B) In the instant claim, the Plaintiff’s primary claim in the instant claim constitutes a claim for the return of unjust enrichment based on ownership. Of them, with respect to the claim for the return of unjust enrichment based on ownership, the Plaintiff classified the basic facts by claim into lease and loan for use, and calculated the amount of unjust enrichment. According to the Plaintiff’s intent, the pertinent part of the claim is deemed to have a primary and preliminary consolidation relationship. In a case where a lease agreement between the Plaintiff and the Defendant is not acknowledged, the Defendant constitutes using the instant house according to a loan for use without compensation contract with the Plaintiff. Accordingly, the Defendant is obliged to return unjust enrichment from the date when the Plaintiff expressed his/her intent to terminate the contract for free use through the copy of the instant complaint to the Plaintiff by November 7, 2018, from the date when the Plaintiff expressed his/her intent to cancel the contract for free use, until November 7, 2018, the Plaintiff is obligated to return unjust enrichment from the possession of the instant house to the Plaintiff.