1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. On March 8, 2008, the Plaintiff leased the building of Ulsan-gu C ground (hereinafter “instant building”) from the Defendant as the lease period of two years, the lease deposit of ten million won, and the rent of ten thousand won per month (the ten day payment per month in advance).

(hereinafter referred to as “instant lease agreement”). (b)

The instant lease contract was renewed and terminated on March 8, 2014.

C. The Defendant filed a lawsuit against the Plaintiff seeking unjust enrichment equivalent to the delivery of the instant building and the return of rent. On November 5, 2014, the said lawsuit became final and conclusive on the following grounds: “The Plaintiff was paid KRW 10 million from the Defendant to the Defendant, and simultaneously delivered the instant building, and paid KRW 700,000 per month from April 10, 2014 to the completion date of delivery of the instant building.”

[Slsan District Court Decision 2014Da7840 (main office), 2014Kadan20461 (Counterclaim), and hereinafter referred to as "related judgment of this case"). The date of closing argument in the relevant judgment of this case is October 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the lease contract of this case was terminated upon the expiration of the period.

Therefore, the defendant is obligated to return the lease deposit amount of KRW 10 million to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's defense, etc.

A. 1) As to the assertion on the deduction of overdue rent, the Defendant asserted by the party, i.e., the Plaintiff transferred the instant building to the Defendant only after the Plaintiff was on August 2015. As such, the Plaintiff is obligated to pay to the Defendant the amount of unjust enrichment of KRW 1.2 million equivalent to the rent from April 10, 2014, which was indicated in the relevant judgment, to August 9, 2015, the date the delivery was completed (=700,000 won x 16 months).

As such, the Plaintiff asserted that the above amount should be deducted from the lease deposit, and that this case on December 9, 2014.