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(영문) 수원지방법원안산지원 2020.03.11 2019가단12909
보증금 및 부당이득금 반환
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 200,000,00 and the interest thereon from August 30, 2019 to the date of full payment.

Reasons

1. On May 2017, the Plaintiff entered into a sublease contract with Defendant Company B (hereinafter “Defendant Company”) by setting the deposit amount of KRW 200,000,000 and the period of June 7, 2019 with respect to the fixed land portion of Party B located on the ground of Party B located in Suwon-si D Building at Suwon-si, and paid KRW 200,000 to the Defendant Company via Defendant C’s account at that time. The Plaintiff delivered the above fixed land portion before July 2019, which was the expiration of the said sublease contract period. There is no dispute between the parties.

According to the above facts, the defendant company is obligated to pay to the plaintiff 200 million won of the deposit for sub-lease and damages for delay calculated at the rate of 12% per annum from August 30, 2019 to the date of full payment, as the plaintiff seeks, with the record that the delivery of the copy of the complaint in this case is the day after the delivery of the copy of the complaint in this case.

2. The plaintiff's claim against the defendant C asserts that since the plaintiff transferred the deposit KRW 200 million to the account of the defendant C at the time of the sublease contract with the defendant company, the defendant C has a duty to return unjust enrichment equivalent to the above KRW 200 million to the plaintiff.

According to the evidence Nos. 1 and 2, Defendant C may acknowledge the fact of re-transfer of KRW 200 million transferred from the Plaintiff to the Defendant Company on June 9, 2017. Thus, the Plaintiff’s assertion based on the premise that Defendant C has used the above KRW 200 million to other accounts is rejected without need to further examine the other issues.

3. If so, the plaintiff's claim against the defendant company is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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