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1. Of the instant lawsuit, the part claiming unjust enrichment from May 14, 2016 shall be dismissed.
2. The Defendants are from the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 1, 2015, the Defendants and the Plaintiff asserted to the effect that “The Plaintiff entered into the instant lease agreement with Defendant C on January 1, 2015, and, on August 1, 2015, upon Defendant C’s request, changed the lessee of the said lease agreement to Defendant B, the Plaintiff is the lessee of the said lease agreement.” The Defendants asserted to the effect that “the Defendant leased the instant store from the Plaintiff,” as the Defendants asserted in the first written reply that “the Plaintiff was the lessee under the said lease agreement.” As such, there is no dispute between the parties.
Among them, this case’s store was leased to the Defendants.
The parts related to the instant lease agreement are as follows:
Lease deposit: 30,000,000 won per month: 1,80,000 won per month (excluding value-added tax) and prepaid period on the first day of each month: From January 1, 2015 to December 31, 2017: If the amount of overdue rent of a lessee reaches the amount of rent of two periods, the lessor may terminate the relevant contract without delay.
(Article 4 of the lease contract). Termination of the lease contract: The lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, the lessor shall restrain it and refund the balance.
(Article 5)
B. The Defendants paid KRW 30,00,000 to the Plaintiff the lease deposit and received delivery from the Plaintiff of the instant store from the Plaintiff, and run the same restaurant business until now.
C. On the other hand, around January 28, 2015, the Defendants filed a business report on the instant store (attached Form 2).