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(영문) 부산지방법원 2016.10.18 2015가단47255

부당이득금

Text

1. The Defendant’s KRW 1,254,550 among the Plaintiff and KRW 668,890 among the Plaintiff, shall be from January 31, 201, and the remainder of KRW 585,660.

Reasons

1. Basic facts

A. On August 2010, the Defendant leased to the Plaintiff the two floors among the building D located in the Seo-gu Busan Metropolitan City (hereinafter “instant store”) of the rent of KRW 2,500,000 (value-added tax separate) (hereinafter “value-added tax”).

(hereinafter referred to as the “instant lease agreement”) was so-called the so-called lease agreement on the store of this case (including A. 2, 4, and B No. 1). However, there is no dispute between the Plaintiff and the Defendant, but the contract that reflects the actual contents of the contract was not submitted as evidence.

However, the Plaintiff asserts that the deposit shall be KRW 30,000,000, and that it shall be borrowed from the Defendant and shall be paid KRW 600,000 per annum on behalf of the Defendant. However, it is insufficient to recognize the foregoing only with the descriptions (including the serial number) of the evidence Nos. 2 and 3.

Although the defendant asserts that he did not receive a security deposit, the argument is also difficult to accept in light of the empirical rule.

B. The original purpose of the instant store was the second class neighborhood facility (general restaurant), but was changed to a amusement facility on October 25, 2010, and accordingly, the Defendant demanded the Plaintiff to pay taxes additionally imposed on the Plaintiff due to the Plaintiff’s amusement business on November 201, when the registration tax and the property tax on the instant store increased.

Ultimately, on January 1, 2012, the Plaintiff’s property tax, land tax, etc. imposed by the Plaintiff as an amusement business in the instant building is deemed to be “the instant tax burden agreement” that the Plaintiff paid.

) A new lease agreement was made on the instant store. However, the Plaintiff’s remaining 70.91 square meters was leased by the Plaintiff’s wife E, respectively, among the instant stores, and the lease agreement was made on the following grounds: (a) [based on recognition] There is no dispute between the parties; (b) Nos. 2 and 4; and (c) Nos. 1 (including a serial number); and (b) the purport of the entire pleadings.