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1. As to the case No. 1411-014 of the Korean Commercial Arbitration Board (hereinafter “Korean Commercial Arbitration Board”) between the Plaintiff and the Defendant.
Reasons
1. Facts of recognition;
A. On November 10, 2003, the Plaintiff concluded a lease agreement and terminated 1) The building indicated in the separate sheet on November 10, 2003 (hereinafter “instant building”).
The lease contract was renewed on September 22, 2007 with a deposit of KRW 50 million, monthly rent of KRW 50 million from November 10, 2003 to November 9, 2005, and KRW 5 million from the lease period of KRW 200,000,000 from November 10, 207 to November 9, 2008. 2) The Plaintiff filed an application against the Defendant for arbitration with the KCA under Article 1411-01-014 against the Defendant for the payment of unjust enrichment of the building of this case, KRW 770,000,000,000,000 from November 10, 2007 to KRW 7 million from the lease period of this case.
In the above arbitral proceedings, the Defendant argued that ① the Plaintiff would have made oral agreements to reduce the monthly rent from March 2014 to 4.5 million won, and ② the Plaintiff would have paid KRW 150,60,710 in total, including KRW 16,53,00, and KRW 11,80,000, and KRW 11,80,710 in the first floor toilet.
B. On October 14, 2014, the KCAB rendered an arbitral award (hereinafter “instant arbitral award”) under the following order.
Text of the Judgment
1. The respondent (referring to the defendant in this case) shall have jurisdiction over the claimant (referring to the plaintiff in this case):
A. As to the Defendant’s assertion in its determination of KRW 14,075,00, there is no evidence to acknowledge that the Plaintiff reached an agreement on the reduction of monthly rent. ② The Defendant recognized the necessary expense of KRW 47,425,00 incurred by the Defendant. ③ The claim for beneficial cost was rejected on the ground that there is a lack of proof as to whether the extinctive prescription has expired or was achieved with the Plaintiff’s consent. ④ The Defendant deducted the Defendant’s KRW 11,50,000 from the sum of KRW 57,425,000 and the necessary expense of KRW 47,425,000 from September 12, 2014.
and against this.