1. The Defendant shall pay to the Plaintiff KRW 140,982,260 and the interest rate of KRW 15% per annum from May 29, 2015 to the date of full payment.

Facts of recognition

On September 20, 2012, the Plaintiff entered into an entrusted management agreement with the Defendant to operate a swimming pool C (hereinafter “instant swimming pool”) located in the Northern-gu, North-si, North-si, the Plaintiff owned by the Plaintiff during the period from October 1, 2012 to September 30, 2015.

(hereinafter “instant consignment contract.” The Plaintiff and the Defendant, when terminating the instant consignment contract, determined that the previous user’s membership fees are liable to the Defendant.

The Defendant, in accordance with the instant consignment contract, was operating the instant swimming pool from October 1, 2012 to October 1, 2012, and waived the right to operate the instant swimming pool on the grounds of business difficulties on March 10, 2015, and the Plaintiff operated the instant swimming pool from that time.

On the other hand, on March 10, 2010, when the plaintiff and the defendant renounced the right to operate the above swimming pool, the plaintiff succeeded to the defendant's obligation to use the swimming pool against the existing members.

On March 10, 2015, the amount equivalent to the user fee for which the period of use has not elapsed, among the user fees paid in advance from the members using the swimming pool in this case, is KRW 140,261,398.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 5 (including various numbers), and the overall purport of the pleadings, based on the above facts of recognition, the defendant did not have the right to use and benefit from the swimming pool of this case from March 11, 2010, and the defendant's obligation to use and benefit from the swimming pool of this case was transferred to the plaintiff. Thus, since the defendant transferred to the plaintiff the plaintiff with the obligation to use and benefit from the swimming pool of this case against the existing members, it shall be deemed that the defendant makes unjust enrichment from the plaintiff as the amount equivalent to the usage fee of the swimming pool of this case from March 11, 2015.

And the obligor shall be liable for delay with the arrival of the due date when the obligor is requested for performance.

(Civil Act Article 387(2). Therefore, the defendant claims the return of unjust enrichment to the defendant by the plaintiff and the plaintiff.