부당이득금반환
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 21, 1997, the Plaintiff entered into a lease agreement with F, represented by Defendant C, on the part of the ground floor, among the building of reinforced concrete on the ground and the building of steel framed reinforced concrete building in Gwangjin-gu, Seoul and the building of 1,200,000 won for deposit money, monthly rent of KRW 2,00,000, and the lease period of two years (from August 30, 1997 to August 30, 1997).
B. The Plaintiff paid the above lease deposit in several installments. In particular, with respect to the part where the Plaintiff received a receipt that the Plaintiff received KRW 16 million on August 12, 1997 on behalf of the Defendant C with respect to KRW 1,00,000 from F and KRW 15 million on behalf of the Defendant C, the Plaintiff and the Defendant C’s mother who was involved in the lease agreement at the time did not recognize the said money as the lease deposit. As to the part where the Plaintiff received a receipt that he received from F and KRW 15 million on behalf of the Defendant C, there was a dispute with the Plaintiff.
C. Around October 6, 1997, the Plaintiff entered into a new lease agreement to invalidate the existing lease agreement with G acting for Defendant C in the name of D and H, with a deposit of KRW 56 million and monthly rent of KRW 2 million.
(A) Defendant B and I shall become a lessor in the contract).
The plaintiff paid KRW 29.6 million to G in consideration of the deposit, etc. for lease which was already paid under the existing lease agreement in lieu of the payment of KRW 56 million.
The basis for calculation of KRW 29.6 million is that the Plaintiff already paid to Defendant C through F is to confiscate the down payment of KRW 8 million from the total amount of KRW 54.4 million that the Plaintiff paid to the Defendant C through F, and the down payment of KRW 16 million that was paid to F is not recognized and the amount actually paid is KRW 30.4 million, which is because the unpaid deposit of KRW 60 million is the unpaid deposit of KRW 29.6 million.