logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.03.04 2015가단106371
부당이득금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On March 18, 2010, Plaintiff A entered into a lease agreement with the Defendant on the lease terms (hereinafter “instant lease agreement”) with the terms that set the lease deposit amount of KRW 45,00,000, monthly rent of KRW 1,650,000 for the lease term from March 18, 2010 to September 28, 2013 for the entire three floors of the building in Yannam-gu Seoul Special Metropolitan City (hereinafter “instant building”). On March 18, 2010, Plaintiff A and the Defendant entered into a lease agreement with the Defendant on the lease terms of KRW 45,00,000 for the lease term from March 18, 201 to KRW 1,650,00 for monthly rent. The Plaintiff

(2) On December 29, 2012, Plaintiff B entered into a lease agreement with the Defendant on the lease term of the second floor of the instant building from December 29, 2012 to September 28, 2013; and on the lease term of KRW 45,000,000, monthly rent of KRW 1,650,000 (hereinafter “instant lease agreement”); and, on the second floor of the instant building, Plaintiff B operated the publicly notified source as “EE publicly notified source.”

B. The instant lease agreement on the three floors of the instant building between the Plaintiff A and the Defendant and the instant lease agreement on the two floors of the instant building between the Plaintiff B and the Defendant respectively terminated on September 28, 2013, respectively.

C. The Plaintiff and the Defendant agreed to pay KRW 15,00,000 to the Plaintiff for the removal cost of the Gowon facility installed on the third floor of the instant building upon the termination of the lease agreement. Accordingly, on October 7, 2013, the Defendant paid KRW 26,232,00,000 after deducting the aforementioned removal cost from the deposit KRW 45,00,000.

The Plaintiff and the Defendant agreed to pay KRW 15,00,000 to the Plaintiff B for the cost of removing the facility installed on the second floor of the instant building upon the termination of the lease agreement. Accordingly, on October 7, 2013, the Defendant paid KRW 14,249,800, which deducted the aforementioned cost of removing the deposit from the deposit KRW 45,000,000.

[Reasons for Recognition]

arrow