부당이득금
1. The Defendant’s KRW 60,000,000 as well as 5% per annum from December 24, 2016 to May 23, 2017 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff borrowed KRW 400 million around August 2013 and sought to operate a restaurant.
On August 23, 2013, the Plaintiff entered into a lease agreement setting forth KRW 100 million and KRW 2970,000 per month as to the second floor of the building, Hongsung-gun, Hongsung-gun (hereinafter “instant commercial building”).
B. The Plaintiff and the Defendant had in-house relations since 2007.
The Plaintiff completed business registration in the name of the Defendant in order to operate the restaurant in the instant commercial building, and changed the name of the lessee in the instant commercial building to the Defendant.
The Plaintiff and the Defendant, while operating a restaurant in the instant commercial building, agreed to lease a house around the instant commercial building in order to have it difficult for them to commute to and from the village of their residence.
C. On September 30, 2013, the Plaintiff and the Defendant concluded a lease agreement with the lessee, the Defendant, the lease deposit amount of KRW 60 million, and the term of lease from September 30, 2013 to 24 months (hereinafter “instant lease agreement”). On the same day, the Plaintiff transferred the lease deposit amount of KRW 60 million to D in the name of the Defendant.
The Defendant received KRW 60 million from D upon termination of the instant lease agreement on September 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 8, Gap evidence 9, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The Plaintiff concluded the instant lease agreement and paid the lease deposit under the name of the lessee to the Defendant. However, since the said deposit was paid in the amount of money by the Plaintiff, the Defendant is obliged to return it to the Plaintiff upon the termination of the instant lease agreement. However, the Defendant filed a false complaint against the Plaintiff for rape injury by the expiration of the instant lease agreement.