부당이득금
The part concerning the principal lawsuit in the judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit extended in the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
On October 22, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the following terms: (a) the building located in Jeonbuk-gun, Jeonbuk-gun, the Plaintiff owned by the Plaintiff (hereinafter “instant building”) (hereinafter “instant lease agreement”) under the said lease agreement to lease all the devices of the Plaintiff’s 30th singing-gun, the first floor 40th floor 60th floor 3 rooms, the second floor 60th floor 2 rooms, the 2nd 2nd 2nd 2nd 201; and (b) the Defendant C jointly and severally guaranteed the obligation under the said lease agreement to the Plaintiff.
Defendant B paid KRW 10 million to the Plaintiff on the same day.
Article 1 The lease term of the lease shall be four years from November 20, 2012 to November 20, 2016, and the renewal shall be made at an amount increased by 20% of the rent when the renewal is made.
The lease amount of Article 3 shall be KRW 140 million and sub-lease lease amount of KRW 10 million for four years, and KRW 10 million and lease amount of KRW 35 million until November 20, 2012 shall be deposited into the head of the agricultural cooperative of the lessor, and KRW 35 million shall be deposited into the head of the agricultural cooperative of the lessor as of November 20 of each year, including 2013, 2014, and 2015, and the amount of KRW 35 million shall be deposited into the head of the above head of the bank, and the late payment may be limited to the Plaintiff’s business upon delay for one month or more.
As a joint and several surety under Article 5, Defendant C is a joint and several surety of Defendant B and is jointly and severally liable with Defendant B for the case and accident liability incurred by Defendant B during the business period after Defendant B acquired the overall business of the Plaintiff.
The Plaintiff paid KRW 10 million out of the rent of KRW 35 million to be paid by the Defendants as of November 20, 2014, and did not pay the remainder of KRW 25 million. On November 26, 2014, the Plaintiff filed an application against the Defendants for a payment order seeking the payment of the said rent with the Jeonju District Court 2014 tea82. The said court held on December 8, 2014 jointly and severally by the Defendants to the Plaintiff as of December 25, 2014.