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(영문) 부산지방법원동부지원 2016.01.14 2015가단15292

부당이득금

Text

1. The Defendant’s KRW 18,101,634 as well as the Plaintiff’s annual rate from August 6, 2015 to January 14, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) On September 7, 2009, the Defendant entered into a lease agreement with the Plaintiff on the lease of building materials, such as oil pumps, pipes, lamps, connected pin, etc., and leased building materials from the Plaintiff on the site B and C in accordance with the said lease agreement from September 7, 2009 to April 2010.

- Rent: 22,072,634 won (the tax invoice for rent incurred under the lease of this case at the beginning of the beginning was 26,827,554 won, but the Plaintiff did not receive an amount calculated by subtracting the amount of KRW 475,492 won already paid by the Defendant from the amount of KRW 5,230,412 out of the tax invoice due to the agreement of the parties) - The Plaintiff was paid rent of KRW 3,794,000 from the Defendant on January 12, 2010 and KRW 4,385,000 from Nonparty D on December 21, 201, with the amount of KRW 200,380,380,000 for the above construction materials transportation charges of KRW 380,380,000 on behalf of the Plaintiff, the Plaintiff received an application for provisional attachment of KRW 28,364,2637,200,374,200.

The provisional attachment ruling was revoked on September 22, 2015 on the ground that no lawsuit has been filed on the merits until 3 years have elapsed.

5. Meanwhile, if the Plaintiff and the Defendant paid KRW 6,00,000 to the Plaintiff on March 22, 2011, the Plaintiff is fully exempted from all the claims arising from the lease of this case, and the relevant provisional seizure, etc. is entirely rescinded, but if the Defendant did not pay the said money by April 30, 201, the said agreement shall be null and void.