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(영문) 서울중앙지방법원 2017.09.01 2016가단5200791
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2012, the Plaintiff entered into a lease contract with the Defendants for the lease deposit of KRW 130,00,000, monthly rent of KRW 10,500,00, and from March 23, 2012 to March 22, 202 with regard to the lease deposit of KRW 40,00,000,000, and the lease contract of KRW 20,000,000,000 as to the lease deposit of KRW 130,00,000,000,000,000 and KRW 20,000,000,000,000 and KRW 2,000,00,000,000,000 and KRW 30,00,00,000,00,000 as well as KRW 30,00,00,00,00.

B. As above, the sum of the lease deposit under the first lease agreement is KRW 300,000,000, but the sum of each lease deposit is KRW 30,000,000 in total, and the remainder is paid on March 23, 2012, which is the date of the contract, and the total amount of KRW 270,000,000 shall be paid by April 30, 2012.

C. The Plaintiff paid the Defendants KRW 30,000,00 as lease deposit, and KRW 7,00,000 on April 10, 2012, and KRW 8,000,00 on April 12, 2012, and KRW 30,000,000 on April 13, 2012, and did not pay the Defendants KRW 30,000 on May 11, 2012, and paid KRW 20,000,000 on May 222, 2012, and KRW 20,000 on May 25, 2012, 200,000 on May 30, 200, 200; and thereafter, the Plaintiff paid KRW 8,000 on May 30, 200,000 on May 30, 2012.

On July 9, 2012, the Defendants notified the Plaintiff of the termination of the lease agreement between the Plaintiff and the Defendants on the instant building by content-certified mail.

[Ground of Recognition] Facts without dispute, including Gap evidence Nos. 1, 2, 3, 5, below.

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