대여금
1. Defendant C indicated in the attached Form No. 1, 2, and 2 among the real estate listed in the attached Form No. 2,500,000 and the real estate listed in the attached Table from July 20, 2017 to the Plaintiff.
1. Under the underlying facts, Defendant C is working for a retail company with the mutual clothes of “F” in the E market, and the nominal owner of F is Defendant B, who is the child of Defendant C.
On September 25, 2015, the Plaintiff remitted KRW 8,000,000 to Defendant B’s account, and thereafter received KRW 9,380,000 from Defendant C on October 7, 2015.
Afterward, the Plaintiff paid Defendant C KRW 10,00,000 on October 9, 2015, KRW 2,000,000 on the 19th day of the same month, KRW 32,00,000 on the 20th day of the same month, KRW 10,000 on the 21st day of the same month, KRW 8,00,000 on the 22th day of the same month, KRW 6,840,00 on the 23th day of the same month, KRW 5,00,00 on the 20th day of the same month, and KRW 10,000,000 on the 24th day of the same month, and KRW 74,840,00 on the 20th day of the same month (hereinafter “the instant money”).
On the other hand, on October 20, 2015, the Plaintiff leased from D and paid the lease deposit to Defendant C with the term from October 20, 2015 to October 19, 2016 with respect to the warehouse of (a) part of (a) on board indicated in the order (hereinafter “instant warehouse”) under the Plaintiff’s name, as the leased deposit amount of KRW 2,00,000, monthly rent of KRW 250,000, and the term from October 20 to October 19, 2016, and Defendant C used the instant warehouse. Defendant C paid monthly rent from November 2015 to August 2016.
Defendant C did not pay the rent for the instant warehouse since September 2016, and D, upon cancelling the lease agreement on the instant warehouse, filed a lawsuit against the Plaintiff and claiming the return of unjust enrichment equivalent to the delivery, rent, or rent of the instant warehouse, and rendered a judgment that “the Plaintiff shall deliver the instant warehouse to D and pay the Plaintiff money calculated at the rate of KRW 1,00,000 (the remainder set off from the overdue rent between September 20, 2016 and June 2017) and the amount of KRW 250,000 per month from July 20, 2017 to the date of delivery of the instant warehouse.”
(Seoul Central District Court 2017Kadan61301). Defendant C returned the key of the warehouse of this case to D around November 2017, but the clothes purchased by it have been kept in the warehouse of this case until now.
[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence.