부당이득반환
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Basic facts
A. On June 16, 2014, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter referred to as “D”) under which ownership transfer is registered under the name of D with respect to automobiles listed in the separate sheet (hereinafter referred to as “instant vehicle”). From June 16, 2014, the Plaintiff paid rent for 60 months from June 16, 2014, and upon the termination of the said lease period, the Plaintiff paid KRW 18,700,000 as an advance payment deposit.
B. The Defendant used the instant vehicle from June 16, 2014 to July 27, 2018.
C. On April 20, 2018, D terminated the instant lease agreement and demanded the Plaintiff to return the instant vehicle on the grounds of delinquency in rent, and the Plaintiff returned the instant vehicle to D on August 8, 2018.
D In accordance with recovery procedures, 27,880,00 won was appropriated for the lease price by selling the instant vehicle to a public auction, and as of August 8, 2018, the amount that the Plaintiff shall pay to D as the remaining vehicle price for the instant lease contract is KRW 10,766,595.
(See the following table). The remaining lease amount of 53,162,96 Gap 7-1,2 advance payment deposit of 18,70,000 won, the remaining principal amount of 34,462,96 won
2. The total sum of 37,934,735 won in arrears of 1,485,297 won in arrears of 1,986,442 won in arrears of 34,462,96 won in the remaining principal, interest, and late payment penalty of 34,46 won in the aggregate;
3. The remainder of the proceeds from the sale of the remaining principal, interest and late payment 37,934,735 won for the vehicle and KRW 27,880,00 for the remainder of KRW 10,76,595 for the payment of KRW 711,860 for the public sale of evidence A 14 for the vehicle and KRW 14 for the remainder of the payment of the remaining vehicle and KRW 37,934,735 for the vehicle and KRW 10,76,595 for the remainder of the payment of the vehicle and KRW 14 for the remainder of the payment of the vehicle and KRW 3
2. Determination as to the claim for KRW 18,700,000 on the instant vehicle deposit
A. Although the Plaintiff alleged to be the Plaintiff paid KRW 18,700,000 to the instant vehicle, the amount equivalent to the said deposit is used by the Defendant.