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(영문) 서울동부지방법원 2020.11.13 2020가단1753
부당이득금
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On December 29, 2017, Plaintiff B entered into a lease agreement between Plaintiff B and D to grant a lease of KRW 40,000,000,000 for the period from February 2, 2018 to February 2, 2020, the deposit amount of KRW 450,000,000 for rent (excluding value-added tax), and KRW 25,000,000 for floor premium (excluding value-added tax), between Plaintiff B and D, and paid the Defendant who arranged the said lease amount of KRW 27,50,00 for the said premium.

B. On January 2, 2018, Plaintiff A entered into a contract for the transfer of a right facility that Plaintiff A shall pay D premium of KRW 25 million (excluding value-added tax) with D during the period from March 30, 2018 to March 29, 2020 from March 30, 2018 to March 29, 2018, under which Plaintiff A agreed that the broker will receive premium of KRW 50 million, rent of KRW 2472,00 (value-added tax separate), and on April 20, 2018, Plaintiff A shall pay D premium of KRW 25 million (value-added tax separate).

Plaintiff

A paid a total of KRW 27.5 million on April 20, 2018 and April 25, 2018 to the defendant who arranged the above lease contract as premium.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that they paid the premium under the lease agreement to the defendant who mediated the lease agreement between the plaintiffs and the lessor, because the defendant was aware that he would deliver the premium to the lessor.

However, since the lessor did not receive the premium, the Defendant, without any legal ground, received the amount equivalent to the premium from the Plaintiffs and received the benefit therefrom, and inflicted damages on the Plaintiffs, and thus, the lessor is obligated to pay the amount of the premium to the Plaintiffs as unjust enrichment and delay damages.

B. The judgment of the defendant.

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