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1. The Defendant paid KRW 3,925,00 to the Plaintiff KRW 5% per annum from December 27, 2016 to August 8, 2017.
Reasons
1. Basic facts
A. On July 19, 2005, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 20 million, monthly rent of KRW 1.5 million (payment on July 19, 2005), and from July 19, 2005, the lease agreement on the lease deposit of KRW 1.5 million (hereinafter “instant lease agreement”) with the Defendant and the Defendant on the lease deposit of KRW 20 million (hereinafter “instant building”). At the time of termination of the lease agreement, the Plaintiff agreed to restore the instant building to its original state and return it, paid KRW 20 million, and operated a private teaching institute in the instant building upon delivery of the instant building.
B. Since then, the instant lease contract is renewed. On July 2016, the Plaintiff: (a) sent the instant building to the Defendant on or around October 19, 2016; and (b) subsequently, (c) asked the Defendant to return the lease deposit.
C. On October 19, 2016, the Plaintiff moved to a private teaching institute and moved to the instant building.
On the other hand, by October 19, 2016, the rent in arrears of the Plaintiff is 12 million won in total for eight months.
【Ground for Recognition: Facts without dispute, entry of evidence A from 1 to 3, purport of the whole pleadings】
2. Determination as to the claim for return of unjust enrichment
A. The plaintiff's assertion 1) while entering into the instant lease contract in urgent circumstances, the plaintiff did not properly look at the lease contract and paid rent of KRW 1,70,000 per month except for the 8-month rental fee from the lease date to the delivery of the building of this case due to mistake. Accordingly, the plaintiff's 20,000 won per month, total of KRW 25,40,000 (135 months - 200,000 won) paid to the defendant in excess of monthly rent, must return the above 200,000 won as unjust enrichment to the plaintiff. (2) At the time of the instant lease contract, the defendant's hallway, stairs, toilets, etc. of the building of this case was agreed to clean up the 200,000 won per month from that time.