1. The Defendant’s KRW 6,381,015 as well as the Plaintiff’s annual rate from June 23, 2016 to January 24, 2017.

1. Basic facts

A. The Plaintiff leased a building on the land of 171 square meters in Yangsan-si to the Defendant with a lease deposit of KRW 25 million, KRW 500,000 per month, and the lease period from September 2, 2012 to September 1, 2014, and received KRW 25 million from the Defendant.

(B) The above land is “the instant site”, “the instant building,” and “the instant lease agreement” (hereinafter “instant lease agreement”).

On September 27, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage on the instant site, which caused 25 million won of the maximum debt amount, in order to secure the claim for the refund of the lease deposit against the Plaintiff.

C. The instant lease agreement was extended by September 1, 2015 after the expiration of the period.

After the conclusion of the instant lease agreement, the Defendant filed an application for voluntary auction to the Ulsan District Court D on the instant site, and received a decision to voluntarily commence auction on December 14, 2015.

E. On December 31, 2015, the Plaintiff deposited the amount equivalent to 1.5 million won equivalent to the rent from October 2015 to December 2015, 2015 (=500,000 x 3 months) and 500,000 won calculated by deducting the rent from the rent of 25,000,000 won from the rent of 25,000 to the rent of 25,000 won.

F. Even after the termination of the instant lease agreement, the Defendant continued to engage in restaurant business on the instant building, and delivered the said building to the Plaintiff on July 17, 2016.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, 4, and 8 (including attachment of provisional number), the purport of the whole pleadings

2. Determination

A. (1) On the grounds of claim, the Plaintiff filed against the Defendant a claim for unjust enrichment of KRW 4 million equivalent to the rent that the Defendant acquired by occupying or using the instant building after the termination of the instant lease agreement, including KRW 3.4 million for restitution, KRW 2,118,720 for restitution, KRW 9,598,720 for overdue charges, and KRW 9,598,720 for delay damages. (2) On the grounds of determining the claim for unjust enrichment, the Plaintiff deducted the amount equivalent to the rent from the lease deposit until December 2015.