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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 2,077,419 and its interest on September 19, 2014.
Reasons
1. Basic facts
A. On July 4, 2012, the Plaintiff leased (hereinafter “instant lease”) the D cafeteria portion among the buildings located in the Dam Chang-gun, Jeon Chang-gun (hereinafter “instant store”) to the Defendant by setting the lease deposit amount of KRW 2,000,000, monthly rent of KRW 200,000, and the lease term of the instant store as two years from the date of delivery of the instant store (hereinafter “instant lease”). At that time, the Plaintiff received KRW 500,000 out of the lease deposit from the Defendant.
B. On August 12, 2012, the Plaintiff delivered the instant store to the Defendant. At that time, the Plaintiff appears from the Defendant to September 11, 2012 from August 12, 2012 to August 12, 2012. The Plaintiff was paid KRW 200,000.
C. On November 20, 2013, the Plaintiff filed a lawsuit against the Defendant for the delivery of the instant store and the payment of KRW 1,000,000 for five-month rent, with the Jeonju District Court Branch Branch 2013da1465, the Plaintiff was sentenced to the judgment on November 20, 2013, stating that “the Defendant shall deliver the instant store to the Plaintiff, and shall pay the Plaintiff the KRW 1,00,000,000 and the delay damages therefor.” The said judgment became final and conclusive around that time.
The above KRW 1,00,000 is to be appropriated for the rent from September 12, 2012 to February 11, 2013. [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 and 6, and the purport of the whole pleadings.
2. The assertion and judgment
A. From February 12, 2013 to August 11, 2014, the Defendant appears to have occupied and used the store in this case from February 12, 2013 to February 11, 2014: (a) according to the overall purport of the statement and pleading as to the statement and evidence No. 3,600,00 won (including a provisional number; hereinafter the same shall apply) and the unjust enrichment of the rent or rent from February 12, 2013 to January 23, 2014, the Defendant may recognize the fact that he occupied and used the store in this case from February 12, 2013 to January 23, 2014; (b) the Defendant is 2,277,419 won (=the rent or rent for the period from February 12, 2013 to November 11, 2014 to KRW 10 to 30,2010 x 10.210