Plaintiff (Attorney Yoon-ju, Counsel for the plaintiff-appellant)

members of the Military Manpower Corporation

October 20, 2005

Suwon District Court Decision 2003Gahap2099 Decided January 14, 2005

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant shall pay to the plaintiff 65 million won with 5% interest per annum from January 15, 2005 to December 22, 2005, and 20% interest per annum from the next day to the date of full payment.

2. The plaintiff's remaining appeal is dismissed.

3. All the costs of lawsuit shall be five minutes per the first and second instances, and one of them shall be borne by the plaintiff and the other by the defendant.

4. The part on which money is paid under paragraph (1) may be provisionally executed.

The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiff the amount of KRW 78 million with 20% interest per annum from the day following the judgment of the first instance to the day of full payment.

1. Basic facts

The following facts are not disputed between the parties, or are acknowledged by taking into account the following facts: Gap evidence 1-1, Gap evidence 2-2, Eul evidence 4-1, 2-5, Gap evidence 6-1, 2, Gap evidence 9-1, 12 through 15, 19 through 21, 27, 30, Gap evidence 10, Eul evidence 1-1, Eul evidence 3, 15, part of the evidence 9-22 through 25, and part of the testimony of non-party 2 of the first instance trial, which are contrary to this, and the remaining testimony of non-party 2 of the first instance trial is not believed.

A. At the time of establishment on May 22, 2002 (registration of May 24, 2002), the Defendant Company leased the lease deposit amount of KRW 65 million, monthly rent of KRW 65 million, and the lease deposit of the household parts manufacturing factory and warehouse (hereinafter the factory of this case) on the land above 7 lots from the non-party 1 as a company under the establishment of this case (registration of incorporation of May 24, 2002) until November 22, 2002, with the lease deposit amount of KRW 65 million, monthly rent of KRW 65 million, and the lease deposit amount of KRW 700,000,000,000,000,000 paid to the non-party company under the name of the above company to the non-party 3,500,000,000,000 won for the remainder of the lease deposit of the factory of this case to the non-party 1,300,000,000 won.

B. On July 18, 2002, the East Sea General Company paid to the Defendant Company KRW 35 million out of the above lease deposit amount of KRW 65 million as the per share sheet, and the remaining KRW 17 million out of the remaining KRW 30 million set off the claim of value-added tax of KRW 17 million which is payable by the Defendant Company by the Defendant Company, and the KRW 13 million was asked to substitute the payment of KRW 13 million between the overdue interest between the two months that the Defendant Company is obligated to pay to Nonparty 1 for the non-party 1, thereby obtaining the consent from the Defendant Company.

C. On July 19, 2002, Nonparty 2, a representative director of the same year, who was practically engaged in the same year’s general company, transferred the right of lease and machinery and equipment subject to the contract of this case to the Plaintiff at KRW 310 million. Of the price, KRW 200 million was agreed to be paid on September 11 of the same year as the contract date, KRW 110 million, respectively (However, the contract name was Nonparty 4). Meanwhile, Nonparty 2 again agreed to transfer the factory of this case to the Plaintiff and lease the machinery and equipment.

D. On July 19, 2002, pursuant to the agreement between the defendant company and the general company of the East Sea as mentioned in Paragraph (b) above, the plaintiff paid 13 million won in arrears to the non-party 1 on behalf of the general company of the East Sea. On July 19, 2002, the plaintiff and the non-party 1 entered into a new lease agreement on the factory of this case by setting the lease deposit of KRW 65 million, monthly rent of KRW 65 million, the lease deposit of KRW 65 million, the lease term of December 31, 2002, and the lease term of December 31, 2002. The comprehensive company of the East Sea issued to the defendant company a share of KRW 35 million per face value (the issuer 5, the date of the plaintiff and October 20 of the same year) on the same day.

E. In addition, on July 19, 2002, the East Sea General Co., Ltd. had the Plaintiff deposit KRW 100,000 from the Plaintiff as part of the transfer price of right of lease and machinery and equipment into the old unit of the Defendant Company. Upon requesting the Defendant Company to re-transfer the amount of KRW 50,000,000 from the Defendant Company to the Dong Sea General Co., Ltd. so that it can preferentially repay other debts, the Defendant Company received the consent from the Defendant Company, and then issued the Defendant Company a statement of the number of shares per face value of KRW 50,00 (the issuer Nonparty 5, the date of payment, August 8, 20

F. Since then, while the Defendant Company continued to occupy and operate the factory of this case, the Plaintiff entered into a contract with Nonparty 2 on September 19, 2002, setting forth a sub-lease deposit of KRW 30 million, monthly rent of KRW 500,000,000, monthly rent of KRW 5500,000, and the sublease period of the sub-lease as of March 18, 2003 (the name of the tenant was Nonparty 4).

G. Meanwhile, on August 8, 2002 and October 20 of the same year as of August 20, 202, which is the date of each payment by the East Sea General Co., Ltd. (However, with respect to the per share table which is the date of payment on August 8, 2002, the contract deposit and intermediate payment in this case were not paid to the defendant Co., Ltd. on the following day after the default, and the defendant Co., Ltd. and the East Sea General Co., Ltd. agreed to invalidate the contract in this case on December 9 of the same year. However, the transfer of the right to lease of the factory in this case by the defendant Co., Ltd. to the East Sea General Co., Ltd. is valid, and the transfer of the right to lease of the factory in this case by the defendant Co., Ltd. to the defendant Co., Ltd. is paid to the defendant Co., Ltd. to the defendant Co., Ltd. by the date of each payment by the defendant Co., Ltd. to the defendant Co. 200, Jul. 19, 200000>

H. Since then, Nonparty 1 filed a lawsuit against the Plaintiff and Nonparty 3, the representative director of the Defendant Company, against the Plaintiff and Nonparty 3, and the complaint reached May 19, 2003. The Defendant Company ordered Nonparty 1 to order the instant factory on July 2003, and Nonparty 1 deducted KRW 65 million from the lease deposit for the ten-month period from July 19, 2002 to May 18, 2003.

2. The plaintiff's cause of claim and judgment on the cause of claim

The plaintiff agreed to invalidate the contract of this case on December 9, 2002 by the defendant company and the East Sea General Corporation, the agreement of this case was rescinded, and the right to lease the factory of this case was transferred again to the plaintiff in the East Sea General Corporation after the conclusion of the contract of this case. The defendant company, without any title to occupy the factory of this case, obtained unjust enrichment equivalent to the rent by occupying and using the factory of this case in order to possess the manufacturing machinery and equipment owned by the defendant company without any title. On July 19, 2002, the defendant company claimed that the amount of the lease deposit for the factory of this case deducted from the non-party 1 was refunded for ten months from the same day to May 18, 2003.

First, on July 19, 2002, the plaintiff paid 13 million won in arrears to the non-party 1 on the part of July 19, 2002, and the above amount is paid to the defendant company as the transfer price of the contract of this case by the Dong Sea Master Company, and thus the plaintiff paid to the non-party 1 under an agreement between the plaintiff, the defendant company, and the Dong Sea Master Company. Thus, the plaintiff's assertion on this part is without merit.

Then, according to the above facts, the plaintiff acquired the right to lease of the factory of this case from the non-party 2 and sub-lease it to the non-party 2, but the non-party 1 did not receive at all the monthly rent from the non-party 2 without the consent of the non-party 2 and the non-party 2, the full amount of the lease deposit of 65 million won was deducted from the non-party 1 for ten months from July 19, 2002 to May 18, 2003. The non-party 2 did not suffer a loss equivalent to the above amount. The non-party 5's assertion that the non-party 2 acquired the right to lease of this case from the non-party 4 and operated the factory of this case from the non-party 2 to July 5, 2003. The non-party 5's assertion that the non-party 2 acquired the right to lease of this case from the non-party 2, the non-party 5, without the consent of the plaintiff 2 and the above non-party 3.

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 65 million won and damages for delay at the rate of 5% per annum from January 15, 2005 following the decision of the court of first instance to December 22, 2005, which is the date of the decision of the court of first instance, and from the next day to the date of full payment, to December 22, 2005, which is the date of the decision of the court of first instance. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed for reasons. Since the part against the plaintiff of the judgment of the court of first instance which partially different conclusions is unfair, it is unfair to revoke it and order the defendant to pay the amount corresponding to that part, and since the remaining appeal of the plaintiff is without merit, it is dismissed. It is so decided as per Disposition.

Judges Kim Jong-soo (Presiding Judge) and Park Jong-dae

Judges Park Jong-soo et al. unable to sign and seal by overseas business trip