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(영문) 수원지방법원 2018.01.12 2017나59512
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 24, 2010, the Plaintiff and the Defendant concluded a lease agreement that leases the above factory from the Defendant during the period from January 24, 2010 to January 23, 2012, with respect to a factory of 274 square meters in size (hereinafter “the instant factory building”) among the buildings moving into the B building (hereinafter “the instant factory building”), the deposit amount of KRW 19,090,000, monthly rent of KRW 1,909,000, management expenses of KRW 3.3 square meters, and the period from January 24, 2010 to January 23, 2012. On January 24, 2012, the Plaintiff concluded a lease agreement that leases the instant factory from the Defendant for the period from KRW 20,750,000, KRW 2075,000, KRW 2005,000, KRW 3031,204,201.

(hereinafter the above lease contract for the factory No. 1 of this case is "the first lease contract of this case"). B.

On August 10, 2012, the Plaintiff and the Defendant concluded a lease agreement that the Plaintiff leases the above factory from the Defendant (hereinafter “the instant secondary lease agreement”) with respect to the factory of 31,180,000 square meters in size (hereinafter “instant factory”) among the instant factory buildings, referring to the instant factories 1 and 2,200 square meters in size, 31,180,000 in rent monthly, 3,180,000 in management expenses, 2,000 won in size per 3.3 square meters in management expenses, from August 10, 2012 to August 9, 2017.

C. On February 3, 2016, when the first lease contract of this case was explicitly renewed, the Plaintiff and the Defendant concluded a lease contract that leases the above factory from the Defendant (hereinafter “the third lease contract of this case”) by determining the deposit amount of KRW 14,420,639, monthly rent of KRW 5,135,00, management fee of KRW 355,250, and the period from February 3, 2016 to April 14, 2016.

The Plaintiff and the Defendant agreed to extend the term of the instant lease agreement by June 10, 2016.

E. The plaintiff.

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