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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The Plaintiff (Counterclaim Defendant) received KRW 30 million.
Reasons
1. On January 9, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2.4 million, and the lease term of KRW 1 million from March 1, 2010 to February 28, 2015 (hereinafter “instant lease agreement”).
The Defendant pays the Plaintiff the lease deposit of KRW 30 million, and operates a restaurant with the trade name “C” from the instant real estate.
The Defendant deposited KRW 24 million in total by 2.4 million per month from March 2015 to December 2, 2015, and deposited KRW 9.6 million per month from February 2016 to May 2.4 million.
The appraised value of rent around March 2015 for the instant real estate is KRW 3,082,90 per month.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 14, appraiser D's appraisal result, the purport of the whole pleadings
2. Determination on the main claim
A. Since the instant lease agreement on the claim for the delivery of the instant real estate has expired on February 28, 2015, which was the expiration date, the expiration date, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
B. Since the Defendant occupied and used the instant real estate even after the termination of the instant lease agreement, the Defendant is obligated to return the amount equivalent to the rent to the Plaintiff from the day following the end of the lease agreement until the time when the instant real estate is transferred to the Plaintiff.
I regard the unjust enrichment amount.
Since March 2015, which was the end of the instant lease agreement, from March 2015 to March 3, 2015, the following facts are as seen earlier. Therefore, the sum of the amount of unjust enrichment that the Defendant is obliged to pay from March 1, 2015, which was the day after the end of the instant lease agreement, to July 31, 2016, from March 1, 2015 to the day after the end of the instant lease agreement.