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(영문) 서울서부지방법원 2015.05.08 2014나5429

차임 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 22, 2010, the Defendant leased 148.5 square meters (hereinafter “instant store”) from the Plaintiff on a monthly rent of KRW 4.65 million among the 1st floor of 4th floor neighborhood living facilities of Eunpyeong-gu Seoul Metropolitan Government reinforced concrete slab bars, 220.84 square meters (hereinafter “instant store”), and registered its business as “D”.

B. The Defendant’s Lice E actually operated the restaurant by paying monthly rent for the instant store, and the Plaintiff’s son performed the management work of the instant store on behalf of the Plaintiff who suffered from cerebral diseases on behalf of the Plaintiff.

C. E with the Defendant’s permission on October 26, 2012, paid to the Plaintiff the sum of KRW 18,309,593 as of October 29, 2012, including value-added tax, management expenses, etc., which was settled by October 29, 2012, up to December 26, 2012.

‘A letter of payment’ has been issued. D.

On January 4, 2013, the Defendant reported F on 112 of the charge of confinement, etc. The Defendant and F appeared in a green box and agreed to deliver the instant store to the Plaintiff by January 5, 2013.

E. The Plaintiff filed a lawsuit against the Defendant seeking the delivery of the instant store and the payment of overdue rent, etc. (Seoul Western District Court 2012Kadan57531), and the portion of the claim for monetary payment was won in the first instance trial, but the appellate court and the final appeal judgment against the Defendant became final and conclusive by losing the part of the claim for monetary payment.

F. On July 25, 2013, the Defendant handed over the instant store to the Plaintiff. On September 5, 2013, the Defendant received KRW 16,867,286 through a collection order based on the provisional execution and seizure based on the judgment of the first instance court of the said lawsuit.

[Based on Recognition: Evidence Nos. 1, 2, Evidence Nos. 1 through 3, Evidence Nos. 10 through 12, and 15, Evidence Nos. 10 through 15, Testimony of Witness G of the first instance court, the inquiry results on the Chief of Seoul Western Police Station of this Court, and the purport of the whole pleadings]

2. Determination:

A. Determination as to the cause of the claim (1) Claim for rent or unjust enrichment (A) The Plaintiff shall file the lawsuit above.