부당이득금
1. The part against Defendant D among the judgment of the court of first instance is revoked, and the Plaintiff’s claim against Defendant D is dismissed.
2. Defendant.
1. With respect to the Plaintiff’s claim against Defendant C, the grounds for appeal by Defendant C do not differ significantly from the allegations in the first instance court, and even if the evidence submitted by this court was presented in the first instance court, the fact-finding and determination by the first instance court is justifiable in light of the following: (a) the evidence submitted by this court in the first instance court was examined.
Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance (excluding the part on defendant D), and cites it as it is by the main text of Article 420 of the Civil Procedure Act.
2. As to the plaintiff's claim against the defendant D
A. The Plaintiff’s assertion 1) Defendant D’s assertion from E on June 25, 2015, constitutes a store (36 square meters; hereinafter “instant store”) among the above-ground buildings of Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-
(2) Although Defendant D entered into a lease agreement with Defendant D on the instant store, the Plaintiff did not pay monthly rent of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
Since July 2015, E operated the instant store directly by employing employees to conduct training and the instant store operations simultaneously.
B. In full view of the purport of the evidence No. 13 (in the case of evidence with additional numbers, including the number without any separate indication; hereinafter the same shall apply) and the entire pleadings, Defendant D entered into a lease agreement with respect to E and the instant store from July 4, 2015 to July 1, 2017 as to the lease term of KRW 50 million, the lease deposit amount of KRW 300,000,000, monthly rent of KRW 300,000 (hereinafter referred to as “instant lease agreement”); Defendant D’s location as of July 7, 2015, “Seoul-gun-gun,” and the opening date of business as of July 4, 2015.