1. The defendant is paid KRW 10 million from the plaintiff, and at the same time, the plaintiff is at the first floor of the real estate stated in the attached Table.

1. Basic facts

가. 원고는 2013. 3. 11. 피고와 사이에, 별지 목록 기재 부동산 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉠의 각 점을 차례로 연결한 선내 (가) 부분 점포 61.15㎡(이하 ‘이 사건 점포’라 한다)에 관하여 보증금 1,000만 원, 월차임 80만 원, 임대차기간 2013. 3. 15.부터 60개월로 정한 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

In addition, the defendant paid 10 million won to the plaintiff around that time, and received the delivery of the store of this case.

B. The Defendant demanded the Plaintiff to pay the instant store fees due to defective defects, such as rain smelting, but the Plaintiff did not comply with such demand. The Defendant did not use the correction device in the instant store from July 13, 2013, and did not pay rent from May 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, 5, and 6 (including each number; hereinafter the same shall apply)

2. The allegations and judgment of the parties

A. The gist of the parties’ assertion 1) The Plaintiff asserted that the Defendant did not pay the Plaintiff the rent of KRW 20,80,000 for 26 months from May 2013 to June 2015, and on this ground, the Plaintiff terminated the instant lease contract. As such, the Defendant delivered the instant store to the Plaintiff, and filed a claim against the Defendant for unjust enrichment equivalent to the rent of KRW 10,880,000,000, calculated by deducting the instant lease deposit from the overdue rent, and from July 11, 2015 to the date the delivery of the said store is completed. 2) As to this, the Defendant demanded the Plaintiff to pay remuneration due to defective defects, such as rain, etc., at the instant store, but the Plaintiff did not use the instant store from July 13, 2013. Rather, the Plaintiff asserted that the Plaintiff did not use the instant lease deposit money to the Defendant.