부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. 1) On October 2009, the Defendant entered into a sub-lease contract between C and C with the Seoul Seo-gu Seoul Metropolitan Government (hereinafter “sub-lease contract of this case”) between C and C for the E apartment leased by D, the husband of which is the Seoul Seo-gu Seoul Metropolitan Government, with the deposit amount of KRW 30 million, monthly rent of KRW 300,000,000, and the contract period of the sub-lease as of November 2, 201 (hereinafter “the sub-lease contract
A) Around October 2009, from around November 3, 2009 to around November 3, 2009, the Defendant paid deposit of KRW 30 million to C, and resided in the said apartment complex around that time. (2) The Defendant agreed to the instant sub-lease agreement with C around April 201.
B. On June 24, 2011, the Defendant concluded a lease agreement between the Plaintiff’s agent C and the Seoul Jongno-gu Seoul Metropolitan Government F and Gho (hereinafter “instant housing”) with respect to the lessor as the Plaintiff, the lessee as the Defendant, the deposit amount of KRW 60 million, and the lease agreement between June 24, 2011 and June 24, 2012 (hereinafter “instant lease agreement”).
C. On July 27, 201, the Defendant loaned KRW 25 million to C, the sum of KRW 4 million on July 30, 2011, KRW 5 million on September 27, 2011, KRW 5 million on September 27, 2011, KRW 5 million on September 30, 201, KRW 5 million on December 1, 2011, KRW 5 million (including loans KRW 4,673,00 and the Defendant’s credit card installment payments of KRW 327,00) used by C, and received loans KRW 25 million on December 30, 201, and KRW 400,00 monthly interest agreement (hereinafter “the instant loan agreement”).
Around May 2012, the Defendant resided in the instant house and was a director in the instant house.
E. Meanwhile, C wired the Defendant totaling KRW 33 million on December 20, 2012, KRW 1 million, KRW 2 million on December 26, 2012, and KRW 33 million on April 26, 2013.
F. On November 16, 2016, the Defendant filed a lawsuit against the Plaintiff seeking the return of the deposit amount of KRW 60 million under the instant lease agreement (hereinafter “related lawsuit”) with the Seoul Western District Court Decision 2016Da254149, and concluded the instant lease agreement with the Plaintiff on November 21, 2017.