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Reasons
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(영문) 광주지방법원 2017.11.29 2016나10120
부당이득금반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 21, 2012, the Plaintiff: (a) leased the first floor C 1, Dong C (hereinafter “instant building”) from the Defendant from Jun. 21, 2012 to Jun. 20, 2014, with the lease term of KRW 50 million; (b) the lease deposit of KRW 2 million from Jun. 21, 2012 to Jun. 20, 2014; (c) paid the Defendant the lease deposit of KRW 50 million to the Defendant; and (d) operated the restaurant in the instant building.

B. On June 18, 2015, the instant lease agreement was later renewed, and the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement by text message and telephone.

C. On December 8, 2015, the Defendant returned KRW 8 million out of the lease deposit to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 10 evidence, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. When the Plaintiff settled the lease deposit to be returned to the Plaintiff upon the termination of the instant lease agreement, the Defendant unjustly deducted the sum of KRW 6.8 million, including the rent of KRW 6 million for three months and the amount of KRW 8 million for port interest.

The defendant is obligated to return to the plaintiff 6.8 million won and damages for delay as unjust enrichment.

B. Defendant 1) As the Plaintiff and D, while running a restaurant in the instant building, occupied the instant building even after the termination of the instant lease agreement with a third party for the purpose of receiving premium, and delivered the instant building to the Plaintiff on November 29, 2015, the Plaintiff paid KRW 82,533,328, the sum of rent calculated at the rate of KRW 2,000 per month from June 21, 2012 to November 29, 2015, but the Plaintiff paid KRW 47,000,000 to the Defendant. As such, the Plaintiff was obligated to pay the Defendant unpaid rent of KRW 35,533,328 (=82,533,328 - 47,600,000).

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