1. As to KRW 31,546,667 among the Plaintiff and KRW 30,00,000 among them, the Defendant shall start from April 4, 2017 to July 25, 2017.

1. Facts of recognition;

A. On September 26, 2017, the Plaintiff entered into a premium agreement with the Defendant to pay KRW 40 million for the premium (hereinafter “instant premium agreement”) to the first floor of the 1st and 6nd 179 units in the Jung-gu, Daegu, Daegu (hereinafter “instant store”), and paid KRW 10 million to the Defendant on the same day, and KRW 20 million on November 1, 201 of the same year.

B. On November 1, 2016, the Plaintiff concluded a lease agreement with the lessor D and the instant store from November 1, 2016 to August 31, 2017, setting the lease term as KRW 2 million and the total rent of KRW 16 million.

C. On November 30, 2016, the instant store was entirely destroyed due to fire in C.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. In November 2016, the Plaintiff asserted that the Defendant and the Plaintiff paid the remainder of the premium of KRW 30 million to the Defendant, and agreed to receive the instant store in December 2016. The instant store was destroyed by fire on November 30, 2016.

Therefore, since the premium contract of this case was impossible to be performed for reasons not attributable to both parties, pursuant to Article 537 of the Civil Code, the defendant is obligated to return the premium of 30 million won already paid to the plaintiff as unjust enrichment.

In addition, the Plaintiff and the Defendant agreed to deduct the Plaintiff from the balance of the premium payable by the Plaintiff that the instant store was used until December 2016 and that it was the difference in the middle of December, 2016. Accordingly, the Defendant used the instant store from November 1, 2016 to December 29 of the same month. Accordingly, the Plaintiff is obligated to return the rent of KRW 1,546,667 during the said period to the Plaintiff as agreed money or unjust enrichment.

B. On November 1, 2016, the Plaintiff should have occupied the instant store, and a fire occurred during the period of occupancy. The Plaintiff’s delay in the performance of the instant premium contract.