beta
(영문) 전주지방법원 2014.04.04 2013가단26212

부당이득금반환

Text

1. As to KRW 33,33,32 and KRW 25,33,33 among them, the Defendant shall pay to the Plaintiff the year from June 11, 2013 to April 4, 2014.

Reasons

1. Facts of recognition;

A. On February 2, 2008, the Plaintiff and the Defendant agreed to jointly operate the above funeral hall by leasing the funeral hall of the former EF Hospital in the former EF Hospital in the total amount of KRW 200 million from the medical corporation Cmedical Foundation (the representative D; hereinafter “C Medical Foundation”), and to bear KRW 100 million from the lease deposit.

B. After that, on April 2008, the Plaintiff and the Defendant agreed to additionally bear KRW 50 million out of the increased portion of the lease deposit upon the request of Cmedical Foundation for the increase of KRW 100 million.

C. Accordingly, the Plaintiff paid the CMedical Foundation KRW 150 million lease deposit.

However, around April 7, 2008, the Defendant drafted a contract with CMedical Foundation to lease the above funeral hall of KRW 150 million, but only KRW 30 million out of the deposit was paid to C Medical Foundation, and the remainder was not paid.

After that, due to the bankruptcy of the F Hospital, compulsory execution was conducted on the property owned by the F Hospital.

Accordingly, the Defendant did not notify the Plaintiff that only KRW 30 million was paid out of the lease deposit to be borne by the Defendant, but agreed that the Plaintiff and the Defendant received the settlement agreement in relation to the return of the lease deposit from Cmedical Foundation and agreed to divide one half of the lease deposit by half.

(2) The Plaintiff and the Defendant agreed on March 2, 2013 (hereinafter “instant agreement”). Accordingly, on March 2, 2013, the settlement agreement was concluded between the Plaintiff and the Defendant to receive refund of KRW 150 million in relation to the deposit for lease of the said funeral hall (hereinafter “instant settlement agreement”).

Accordingly, between March 201 and May 2, 2010, the Defendant received an additional amount of KRW 150 million under the above settlement agreement as the settlement amount for lease deposit from C medical foundation from March 201 to May 201.