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1. The Defendant’s KRW 1,800,000 and the following day shall be 5% per annum from November 2, 2017 to August 7, 2018 to the Plaintiff.
Reasons
A. In light of the fact that there is no obligation to return interest unless agreed by the parties, and that prior to the rescission of a contract the possessor is a bona fide possessor who has the right to receive negligence pursuant to Article 201(1) of the Civil Act, barring special circumstances, it shall be deemed that there is no obligation to return the benefits when returning the goods after the termination of agreement
Even if the Defendant used the instant facilities, the obligation to return unjust enrichment cannot be recognized.
Next, it is not sufficient to recognize that the entries of Gap evidence Nos. 4 and 15 (including each number) alone exceeded the period or scope the defendant is the person who is the defendant and used the facility of this case as alleged by the plaintiff, and there is no other evidence to acknowledge it.
Therefore, the defendant is obligated to pay to the plaintiff 1.8 million won, which is the amount equivalent to the rent for the service period of the defendant as calculated as follows 2, and the amount claimed by the plaintiff within 40,000 won (2 months * 400,000 won per month, which is the result of the appraisal of appraiser F, and within 403,058 won per annum from May 5, 2013 to June 2, 2013, which is the date of this decision, deemed reasonable to dispute over the existence and scope of the defendant's performance obligation, until August 7, 2018, which is the date of this decision.
* From October 1, 2013 to October 30, 2013, 200,000 won (* KRW 400,000 per month* 1/20,000 per month* 1/20,000) for six months from May 1, 2014 to October 10 of the same year, KRW 1.2 million (6 months* 400,00 won per month* 1.2 million) for six months, in total of KRW 1.8 million ( KRW 400,000 per month* 1.2 million) for six months from October 30, 2013.
4. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.