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(영문) 서울중앙지방법원 2014.08.29 2013나38816 (1)

부당이득금반환

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly and severally agreed to the Plaintiff KRW 65,000,000 and 20.

Reasons

1. Facts of recognition;

A. The Defendants are married with each other, and the Plaintiff is the mediationcar of Defendant C.

B. On September 25, 2002, the Plaintiff heard the Defendants’ horses that he would operate the instant real estate by leasing the underground floor of the building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and paid KRW 20 million to Defendant B as a deposit for lease, and the Defendant B delivered the said money to Defendant C.

C. Around September 26, 2002, Defendant C, with respect to the instant real estate, paid KRW 20 million, which was received from the Plaintiff as a lease deposit, as stated in the lease agreement (hereinafter “instant lease agreement”) between E and E, the lessee, and the agent of the lessee, as the Defendant C, KRW 20 million, monthly rent of KRW 1100,000,000,000,000 from September 26, 2002, and the lease term from September 26, 2002 (hereinafter “instant lease agreement”). From around that time, Defendant C paid KRW 20,000,000,000 received from the Plaintiff to E as the lease deposit. Since then, Defendant C operated a singing room on the instant real estate, only transferred it to the lessor on October 2 and November 2002, and thereafter continued to delay.

Defendant C, between F and F on March 2003, intended to operate the instant title restaurant (hereinafter “G”). On April 15, 2003, Defendant C registered the instant title restaurant in the name of H (name I) and traded through the deposit account in H’s name. Defendant C managed the passbook and cash card of the said account.

E. In the course of operating the instant heading, Defendant C borrowed money from H and her father K, bond company L and M, etc., and among May 2003, the F, prepared and issued a letter of intent to waive all rights to the instant heading on condition that the amount invested in the instant heading would be refunded in KRW 35 million to the police officer.