부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
1. Basic facts
A. On July 18, 2012, the Plaintiff leased approximately KRW 75.3 square meters on a branch floor (hereinafter “instant building”) among D-based reinforced concrete buildings in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, with a deposit of KRW 12 million, KRW 700,000,000 per month, and the period from July 25, 2012 to July 24, 2014, the Plaintiff leased the instant building to the former lessee by paying KRW 35,00,000 to G as the premium for facilities, and operated the instant main shop (hereinafter “instant main shop”) with a trade name “H”).
B. On January 17, 2013, the Defendant decided on June 12, 2012 that the Defendant lent KRW 4 million to the Plaintiff as well as the Defendant’s loaned KRW 10 million to the Plaintiff.
Accordingly, in the name of the Defendant’s ASEAN, a contract was concluded to lease the instant building from F with a deposit of KRW 12 million, monthly rent of KRW 700,000,000 from January 25, 2013 to January 24, 2015. On the same day, the Plaintiff concluded a contract to sublet the instant building with the Plaintiff by stipulating that “The premium for Honoooe Point shall be KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00) shall be deemed to belong to
At the time of each of the above contracts, there was no money for the actual collection or payment of deposits between the Plaintiff, the Defendant, and the F.
C. On February 5, 2013, E in which the Plaintiff invested KRW 30 million at the time of acquiring the instant main points, agreed to receive KRW 30 million out of the amount of KRW 50 million if the Plaintiff transferred the main points to the other party between the Defendant and the Defendant, and filed a claim against the Defendant for the said agreed amount under Suwon District Court Sung-nam Branch 2016dan15050.
On July 14, 2017, the above court ordered E to pay KRW 30 million and delay damages therefor, and the above judgment became final and conclusive around that time.
On the other hand, the Plaintiff from the Defendant on January 17, 2013.