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(영문) 울산지방법원 2017.07.06 2016가단62094
부당이득금
Text

1. Defendant C shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from September 7, 2016 to the date of full payment.

Reasons

1. Claim against Defendant C

A. 1) From around 2011 to around June 2016, the Plaintiff was recommended from Defendant B to rent the room room owned by Defendant C, a relative of the Plaintiff, to move from Defendant B. (2) The Plaintiff was able to rent KRW 30 million for lease deposit, KRW 2 million for rent, and KRW 200,000,000 per month. On July 5, 2016, the Plaintiff and Defendant C agreed to enter into a lease agreement on the room of this case with Defendant C, and transferred KRW 20,000,000,000 out of the lease deposit to Defendant C’s account.

3) As to the studio of this case, a lessor E (Defendant C’s wife), lessee B, and one other, a lease deposit of KRW 30 million, a lease deposit of KRW 200,000 per month, a lease contract from July 5, 2016 to July 4, 2018 (hereinafter “instant lease contract”).

(4) On July 7, 2016, the Plaintiff received from Defendant B a photograph of the part, excluding the “leased” and “Lessee” from Defendant B, in a file, unlike other parts written in the instant lease agreement.

5) Even after the term of lease under the instant lease agreement begins, the studio of this case was in a public room, and the move-in report was made by Defendant B on November 16, 2016, which was after the instant lawsuit was filed. [The purport of the entirety of pleadings and arguments is as follows: (a) there is no dispute over the grounds for recognition; (b) Nos. 1, 2, and evidence Nos. 1 and 2;

B. In light of the following circumstances acknowledged by comprehensively taking account of the facts acknowledged as above and the purport of the entire arguments, the agreement between the Plaintiff and the Defendant C (or E) on the studio cannot be deemed to exist.

Therefore, this case between the Plaintiff and the Defendant C (or E).

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