1. The defendant shall be the plaintiff.

(a) Specifications 3 x 6 3 - 9.9.

1. The Plaintiff is an individual entrepreneur who engages in the manufacture, lease, and repair of a container with the trade name “Dcontainer.”

On October 20, 2018, the Plaintiff concluded a lease agreement (hereinafter “lease agreement”) with the Defendant to lease the monthly rent of KRW 600,000 in total (i.e., monthly rent of KRW 300,000 for the Defendant x 3 containers x 6 containers x 3 containers x 9 containers (hereinafter “each of the instant containers”) from October 20, 2018 to November 19, 2018 (hereinafter “instant lease agreement”).

The Plaintiff, according to the instant rental agreement, set up each of the instant containers at C and 5 (hereinafter referred to as the “instant construction site”) outside Seoul-si, South-si, where the construction of new apartment was in progress.

However, the Defendant paid monthly rent under the instant rental agreement until December 2018, but from January 2019, the rent has not been paid, and on the other hand, each of the instant containers possessed by the Defendant by keeping the office fixtures, etc. inside each of the instant containers.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the facts found in the judgment on the Plaintiff’s claim, the lease contract of this case was terminated due to the expiration of the lease period.

As such, the defendant is obligated to deliver each of the instant containers to the plaintiff, and ② as the plaintiff seeks unjust enrichment from occupying and using each of the instant containers, the amount of KRW 4,800,000 equivalent to the total monthly rent from January 2019 to August 2019 (=600,000 x 8 months), and as to this, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 15, 2019 to the day of complete payment.