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(영문) 수원지방법원 2015.02.13 2014가합64380
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 22, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C’s agent by setting the lease deposit amount of KRW 200 million, monthly rent of KRW 8.8 million (including value-added tax), and the lease term from March 7, 2012 to March 6, 2014 (hereinafter “instant lease agreement”).

B. After paying the above lease deposit to Defendant C, the Plaintiff operated the instant Moel from March 7, 2012 to November 30, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 10, and 11, and purport of the whole pleadings

2. At the time of entering into the instant lease agreement, Defendant B, the agent of Defendant C, the Plaintiff at the time of entering into the instant lease agreement: (i) the Plaintiff was 8 million won when the monthly sales of the instant telecom; (ii) the monthly sales of the instant telecom was 17 million won when much; and (iii) Nonparty F, the employee of the instant telecom, instructed the Plaintiff to indicate the sales account book and to the effect that monthly sales are 28 million won before entering into the instant lease agreement; and (iv) Nonparty F, the Plaintiff, who was the agent of the instant telecom, asked F to sell monthly sales before entering into the instant lease agreement; and (v) the Plaintiff did not sign the instant telecom with the sign indicating that the instant telecom was 0 million won when the instant telecom was located in several places, and the Plaintiff did not sign the instant telecom with the sign indicating that the instant telecom was 90 million won.

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