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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 1, 2016, the Plaintiff entered into a lease agreement with respect to the building located in the Nam-gu Incheon Metropolitan Government D and two lots of land (hereinafter “instant database”) from March 1, 2016 to February 28, 2019, for the lease deposit of KRW 700,000,000,000,000,000, and from March 1, 2016 to February 28, 2019.
B. On the other hand, the Defendant, around January 2014, concluded a lease agreement with F and G, which had been operated by the instant database operator at the time of his/her father’s name as of January 1, 2014, between F and G, which set the lease deposit amount of KRW 300 million, and from January 7, 2014 to January 7, 2016, and the said lease agreement was concluded.
In the event that the Plaintiff, as indicated in the foregoing paragraph, operated the instant database, around June 2016, the deposit was the same as the previous one, but the Defendant decided to lend KRW 50 million to the Plaintiff as of May 2017, and the term of the contract was fixed from June 1, 2016 to May 30, 2018 (hereinafter “instant contract”).
C. Since then, the Plaintiff and the Defendant agreed to terminate the instant contract on March 2017, and the Plaintiff paid KRW 300 million to the Defendant around March 27, 2017, and KRW 43.85 million due to the loan amount of KRW 50 million and the unpaid amount of KRW 50 million on March 28, 2017.
[Ground of recognition] Facts without dispute, Gap 4 through 9, 15 through 19, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that when the contract of this case was agreed upon by the Defendant while running a business with a deposit of KRW 150 million out of KRW 300 million, the Defendant used the Plaintiff’s old condition and received the full return of KRW 300 million from the Plaintiff. Of them, the Defendant did not actually pay to the Plaintiff, and thus, it should be returned to the Plaintiff as unjust enrichment.
(b)It is admitted by each description of lives, pre-mentioned evidence, evidence of Gap 1 to 3, evidence of 20, Eul 1, 3 to 8 (including paper numbers).