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1. The Defendant’s KRW 88,533,33 of the Plaintiff and its related KRW 5% per annum from February 23, 2018 to July 5, 2019.
Reasons
1. Basic facts
A. On January 4, 2016, the Plaintiff and the Defendant leased a golf driving range in C (hereinafter “instant golf driving range”) from January 4, 2016 to December 31, 2021, with a lease term of KRW 60 million, lease deposit of KRW 60 million, and rent of KRW 16 million for a month when it is lower than the previous lease term (excluding surtax). Of the lease deposit, the amount includes value-added tax after deducting the amount of KRW 20 million from the lease deposit of KRW 40 million and the remaining amount of KRW 6 months for six months from the rent of KRW 96,80,000 for six months from the lease of KRW 15-day.
The sum of B, KRW 136,80,000,000,000,000 was concluded on January 31, 2016 under a lease agreement (Evidence A 3; hereinafter “instant lease agreement”) and delivered the said driving range to the Defendant.
B. From January 4, 2016, the Defendant entered into a five sub-lease contract with D as of February 5, 2016, such as sub-lease of the said golf driving range.
C. On June 19, 2016, the Plaintiff: (a) drafted a written agreement with the Defendant that the Plaintiff succeeds to the status of the sub-lease under the five sub-lease contract that the Defendant entered into with the Defendant; and (b) the Defendant would have the right to permit the sports facility business of the instant golf driving range (Evidence A 10).
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 7 and 10, purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Defendant concluded the instant lease agreement by deceiving the Plaintiff on the ground that the Plaintiff had no intent and ability to pay the rent even after renting the instant golf driving range. Since the Plaintiff had already revoked the said lease agreement in related litigation, the Defendant is obligated to return the amount equivalent to KRW 96 million equivalent to the rent for six months from January 4, 2016 to June 19, 2016, which was operated by the instant golf driving range, to the Plaintiff as unjust enrichment. 2) The Defendant was under custody after entering into the instant lease agreement.