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(영문) 서울고등법원 2015.11.26 2014나62239
임료 등
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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

Basic Facts

A. The defendant is a company with the purpose of passenger transport business.

B. The Plaintiff is a shareholder and registered director holding 45% of the total number of shares issued by the Defendant’s 35,000 shares, and was paid 3 million won per month from around 2005 to January 2010.

C. The Plaintiff and the Defendant’s representative director C determined each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on January 1, 2009 as rent of KRW 20 million per month (i.e., rent of KRW 10 million for the instant real estate among the instant real estate, and the lease period of KRW 10 million from January 1, 2009 to December 31, 2010, and the lease period of KRW 24 months to the Defendant.

(D) The Defendant is using the instant real estate as a garage up to December 31, 2010, although the termination period of the lease period was stated as December 31, 201, as evidence Nos. 1 and 2-1 and 3-2, but it appears to be a clerical error as of December 31, 2010. The Defendant is using the instant real estate as a garage [based on recognition] without dispute, Gap evidence Nos. 1 through 4, and Eul evidence Nos. 5 (including a serial number; hereinafter the same shall apply).

of each description, the purport of the entire pleading, and the gist of the plaintiff's assertion

A. On January 1, 2011, C, without the Plaintiff’s consent, cut the rent of the instant real estate into KRW 5 million per month, and leased the instant real estate at will to the Defendant. Accordingly, the Defendant is paying only the rent of KRW 2.5 million per month to the Plaintiff.

Therefore, from January 1, 201 to October 17, 2014, the Defendant calculated by deducting the Plaintiff’s rent of KRW 115 million from KRW 140,69,107, KRW 255,69,109, KRW 100,000,000, which was already paid by the Plaintiff from KRW 511,399,216, equivalent to the appraised value of the instant real estate rent of KRW 51,398,216, the Defendant calculated the Plaintiff’s unjust enrichment by deducting the Plaintiff’s rent of KRW 15,00,000 from KRW 140,69,108, or the Plaintiff’s claim.

shall be liable to pay such amount.

B. The defendant

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