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Reasons
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(영문) 수원지방법원 2018.07.20 2017가단531204
부당이득금
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1. The Plaintiff:

A. Defendant B shall be KRW 50 million and the interest rate of KRW 15% per annum from November 1, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 10, 2012, Defendant B, a rental house from the Korea Land and Housing Corporation, set the lease deposit amount of KRW 85 million and monthly rent of KRW 430,000.

B. The Plaintiff, under the trade name of “F Licensed Real Estate Agent Office”, was the broker of Defendant C who runs the authorized brokerage business; around July 2012, from Defendant B to April 2014, the period of sub-lease was set at KRW 80 million from August 2012 to April 2014 as the sub-lease deposit amount of KRW 300,000,000,000,000,000,000 won.

C. At the time of the said sub-lease contract, Defendant B and Defendant C issued to the Plaintiff a promissory note with the face value of KRW 80 million, the issue date of which was April 30, 2014, the issue date of which was August 18, 2012. On August 20, 2012, a notary public drafted a notarial deed stating the purport of accepting the compulsory execution under the said promissory note as a law firm No. 682 on August 20, 2012.

The Plaintiff paid KRW 80,000,000 to the account in the name of Defendant D, which was designated by Defendant B under the said sub-lease contract, for four times from July 12, 2012 to August 19, 2012.

E. The Plaintiff demanded the Defendant B to return the sub-lease deposit after the period of the sub-lease expires.

However, Defendant B returned only KRW 30 million to the Plaintiff on the ground of the shortage of funds, and requested for the renewal of the contract by reducing the deposit for sub-lease in relation to KRW 50 million, which was not returned. The Plaintiff accepted this, and around April 10, 2016, the period of sub-lease from Defendant B was determined as KRW 50 million from April 10, 2016 to April 10, 2017, and transferred the apartment of this case by designating the period of sub-lease from Defendant B as KRW 30 million from April 10, 2016 to April 10, 2017.

(f) Special terms and conditions of the instant sub-lease contract include the following:

The above house is a public rental apartment of LH to LH.

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