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Reasons
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(영문) 창원지방법원 2015.06.04 2014나10506
부당이득금
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1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. On February 27, 2010, the Plaintiff leased a building C ground (trade name: D restaurant; hereinafter “instant building”) owned by the Plaintiff to the Defendant at KRW 30,00,000, monthly rent of KRW 1,500,000, monthly rent of KRW 1,500,000, and the lease period of KRW 1,36 months from April 1, 2010 (hereinafter “instant lease agreement”), and the Defendant paid the said lease deposit to the Plaintiff around that time.

B. On July 26, 2010, the Defendant paid to the Plaintiff KRW 1,653,170, and KRW 10,000,00 on September 11, 201, respectively, for the following reasons: (a) the Defendant agreed to settle the rent for the year 2010 as stipulated in the above lease agreement.

C. Around January 10, 2012, the Defendant paid KRW 4,000,000 to the Plaintiff as the rent for the year 2011, and the remainder of the monthly rent was not paid.

On November 7, 2012, while the Defendant did not pay the Plaintiff the monthly rent in 2012, the Defendant removed the instant building from the building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. Chief;

A. Since the Defendant’s assertion as to the cause of the Plaintiff’s principal claim has restored to the Plaintiff’s possession on May 2013 after the period of lease expires, the Defendant is obligated to pay the Plaintiff KRW 39,50,000,000 in total, including the unpaid rent of KRW 14,00,000 in 201, unpaid rent of KRW 18,500,000 in 201, unpaid rent of KRW 4,500 in 2013, and the unpaid rent of KRW 3,00,00 in 203,50 in return for unjust enrichment of KRW 3,00,00 in 20,00 in five months, since the period of lease was deducted as the above lease deposit, the Defendant is obligated to pay the Plaintiff the remainder of KRW 9,50,000 in total and damages for delay of KRW 18,74,700,00 in lieu of the Defendant.

B. On November 7, 2012, the Defendant asserted the cause of the Defendant’s counterclaim and concluded the instant lease agreement by delivering the instant building to the Plaintiff.

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