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(영문) 부산지방법원 2018.12.07 2017나63054
부당이득금반환 등
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 24,000,000 won and 24,000 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant’s mother: (a) on August 22, 1990, from around April 13, 2015 to April 13, 2015, the Plaintiff entered into a lease agreement with the Defendant on March 26, 2014 with respect to the lease deposit of KRW 15,00,000, monthly rent of KRW 1,400 (including management expenses, KRW 200,000), and KRW 1,40,000 (including management expenses, KRW 200,00), and the lease agreement (hereinafter “instant lease agreement”). The instant lease agreement includes the following special terms.

2. The term of a contract shall be extended unless there are unavoidable reasons not to do so, and the period of a lump sum discrimination shall be one year and three months;

- Where it is inevitable due to the incorporation into a river or railroad - Where it is inevitable to operate the business due to a natural disaster or other causes, such as a national maintenance plan, a rental building, or a new extension -

3. Where unavoidable reasons arise, the contract period shall be automatically terminated, all rights shall be returned to the lessor, the compensation for the expenses incurred in the business and facilities of the building in expropriation, directors' expenses, etc. shall be paid to the lessor and may not be requested legally; and

8. Due to its characteristics, all of the taxes shall be paid through a certified tax accountant, credit card commission, value-added tax and income tax rate shall be statutory standards, and expenses shall be borne jointly by both tax payers;

3) The Plaintiff paid a lease deposit to the Defendant and operated in the middle restaurant of this case. The Plaintiff reported tax and credit card sales under the Defendant’s name while using the Defendant’s business registration and the card terminal owned by the Defendant. With respect to the sales of the card use of the middle restaurant of this case, the amount was settled monthly and paid by the Defendant. B. D. 1).

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