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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. Facts of recognition;
A. On January 13, 2014, the Plaintiff entered into a lease agreement with the Defendant regarding D Building E (hereinafter “instant officetel”) on a deposit of KRW 78 million, the term of existence from February 26, 2014 to February 25, 2016 (hereinafter “24 months”), and received delivery of the instant officetel by paying the said deposit to the Defendant.
B. On February 25, 2016, the Plaintiff returned the instant officetel to the Defendant upon the termination of the term of validity of the instant lease agreement.
In the above lease deposit amount of KRW 78 million, the defendant returned only the remaining KRW 74.9 million after deducting KRW 3.1 million as management expenses during the above lease term to the plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant asserts that the plaintiff sought unjust enrichment since the defendant did not return the amount of KRW 3.1 million out of the lease deposit of this case due to the termination of the lease contract of this case, barring special circumstances, and thus, the plaintiff sought unjust enrichment. However, the plaintiff's above assertion is accepted as above.
The obligation to pay damages for delay calculated at the rate of 15% per annum from September 11, 2018 to the day of complete payment, which is the day following the delivery date of the original copy of the payment order in this case.
B. As to this, the defendant asserts that even if the plaintiff did not pay the management expenses of the instant officetel, or even if paid, it cannot be recognized that the defendant paid the management expenses to the D Management Body (hereinafter the "D Management Body") which has been punished for legal disputes with the defendant, it is reasonable that the defendant deducted 3.1 million won from the lease deposit of this case from the management expenses of this case.
Domins, A, 3 through .