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(영문) 수원지방법원성남지원 2020.04.14 2019가합410981

부당이득금

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1. The defendant shall pay to the plaintiff KRW 208,050,142 as well as 12% per annum from February 13, 2020 to the day of full payment.

Reasons

1. The basis for the request;

A. The Plaintiff: (a) sublet the Defendant’s sub-leaseed the C Building No. D to sell livestock products to consumers; and (b) agreed to pay the remainder to the Plaintiff every month after deducting 10% of the goods paid directly by the Defendant, the lessee, as a fee.

B. Although the Defendant should pay KRW 420,824,142 in total after deducting 10% of the sales from the sales from November 2016 to May 2017, 2017, the Defendant made unjust enrichment by returning only KRW 212,774,00 up to now, and not returning the remainder KRW 208,050,142.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).