1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 5,940,800 won to the plaintiff.

B. The plaintiff.

1. Facts of recognition;

A. On June 27, 2014, the Plaintiff entered into a lease agreement on the instant vessel, which is a water dynasium, with the dynasium Co., Ltd. (hereinafter “dynasium”).

B. On June 27, 2014, the Plaintiff leased the instant vessel to Nonparty B, and paid the lease fee of the instant vessel by Nonparty B, but B paid only nine-month installments, and kept and used the instant vessel until February 2016.

C. On February 22, 2016, the Defendant purchased the instant vessel from B in KRW 10,500,000.

The Plaintiff paid the lease fee of KRW 941,50 per month to the filial Capital Capital in accordance with the above lease agreement, and paid the lease fee of KRW 28,770,000 on May 2, 2016, and subsequently registered the instant vessel as owned by the filial Capital on June 2, 2016 as owned by the Plaintiff.

E. After purchasing the instant vessel from B, the Defendant occupied and used the instant vessel, and transferred the instant vessel to the Plaintiff on June 17, 2017.

F. The rent from June 2016 to September 2017 of the instant vessel is KRW 474,000 per month.

[Ground of recognition] Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the appraiser C's appraisal result, the inquiry result of the court of first instance to the coastwise Police Station of the court of first instance, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Defendant obtained a profit equivalent to the rent by occupying and using the instant vessel, and thereby, incurred a loss equivalent to the same amount to the Plaintiff, which is its owner. Thus, barring special circumstances, the Defendant is obligated to return the Plaintiff the rent equivalent to the rent from June 2, 2016, on which the Plaintiff acquired the ownership of the instant vessel, to June 17, 2017, from the date on which the Defendant delivered the instant vessel to the Plaintiff.

Therefore, the Defendant calculated on June 2, 2016 to June 17, 2017 at the rate of KRW 474,00 per month, the rent of the instant vessel, from June 2, 2016 to June 17, 201, = 5,940,800 per month = 474.