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1. The portion of the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.
Reasons
1. Basic facts
A. On August 2010, the Plaintiff, the owner of the building listed in the separate sheet (hereinafter “instant building”) requested the Defendant to produce a yacht and provided the Defendant with funds necessary for the production of the yacht. During the period necessary for the production of the yacht, the Plaintiff entered into a loan agreement for use (hereinafter “instant loan agreement”) with the content that the instant building should be used without compensation, and delivered the said building to the Defendant.
B. However, as the Defendant failed to complete the production of a yacht by June 2013, the agreement between the parties on the production of a yacht was reversed. Accordingly, on July 2, 2013, the Plaintiff sent to the Defendant a certificate of content requesting the Defendant to leave the instant building by July 10, 2013, and the above content certification reached the Defendant around that time.
【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, 2, 3, 2-2, Eul evidence Nos. 12, 20, 24, and 27, the purport of the whole pleadings and arguments
2. Determination
A. In full view of the aforementioned basic facts as to the claim grounds of appeal, the Plaintiff and the Defendant agreed to allow the Defendant to use the instant building only for the period necessary for the production of a yacht, on August 2010. However, since the Defendant’s agreement on the production of a yacht was reversed by June 2013, it appears that the period of use under the instant loan agreement was terminated, and even if it is not clear whether the period of use under the instant contract is terminated or not, it is reasonable to view that the period sufficient for the use and profit of the instant building has elapsed. Accordingly, as long as the Plaintiff requested the Defendant to leave the instant building by July 2, 2013 through a certification of the contents of the said contract, the Defendant is also obligated to order the Plaintiff to order the instant building as long as the instant loan agreement was terminated (2).