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(영문) 인천지방법원 2016.10.14 2015가합52790

부당이득금

Text

1. The Defendant’s KRW 400,000,000 as well as 5% per annum from September 23, 2016 to October 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 2013, the Plaintiff agreed to take over the “Emart” (hereinafter “the instant Em”) located in (124 through 127, and 145 through 153 on the land (hereinafter “the instant Em”) of Gyeyang-gu, Incheon, which was operated by the Defendant from the Defendant, and agreed to pay KRW 500 million to the Defendant’s lessor as the acquisition price, including the lease deposit refund claim amounting to KRW 810 million to the Defendant’s lessor. Of the above acquisition price, KRW 100 million, the Plaintiff would substitute the Defendant’s debt amount of KRW 100 million (i.e., the card company’s e-mail and ice cream grant amounting to KRW 93 million).

(hereinafter “this case’s acceptance agreement”). On March 31, 2014, the Plaintiff issued to the Defendant a promissory note with a face value of KRW 200 million in lieu of a transfer price of KRW 400 million, to the Defendant, a promissory note with a face value of KRW 200 million in substitution for a company, and a note of shares per issuance of the same company with the same amount of KRW 200 million in face value (hereinafter “instant note and check”).

B. The owner of the D building, where the instant Eart is located, is non- grandchildren C Co., Ltd. (hereinafter “non- grandchildren C”), and the dryyang Co., Ltd. (hereinafter “Driyang”) was a site owner and the original acquisitor as the owner of the said building. On November 21, 2012, the Defendant entered into a lease agreement with Non-BaCD on November 21, 2012, and the Plaintiff, on November 25, 2013, entered into a new lease agreement by acquiring the Defendant’s lease deposit claim pursuant to the instant acquisition agreement (hereinafter “instant lease agreement”), and Non-BaCD guaranteed the instant lease agreement to the Plaintiff.

However, in accordance with the real estate security trust agreement between non- grandchildren and international trust, non- grandchildren shall not lease the instant building in their own name, and only if there are certain reasons, such as the expiration of the existing lease agreement.