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(영문) 창원지방법원 2017.11.21 2017나3790
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 5, 2002, the Plaintiff and the Defendant entered into a lease agreement with a lease deposit of KRW 37 million and monthly rent of KRW 300,000 (hereinafter “instant lease agreement”) with respect to 10,000 stores of the first floor among the land buildings C in the Haan-gun, Haan-gun, Haan-gun (hereinafter “instant real estate”).

B. The instant lease contract was explicitly renewed thereafter, and on October 16, 2004, the Plaintiff expressed to the Defendant the intent to terminate the said lease contract on the grounds of the expiration date.

C. On January 10, 2005, the Defendant filed a lawsuit against the Plaintiff claiming the lease deposit (this court 2005da971) as the restoration due to the termination of the instant lease contract.

The court rendered a ruling to the effect that "the plaintiff shall pay to the defendant 3,40,000 won (=300,000 won x 12 months) which is the amount obtained by deducting the amount of unpaid rent from the defendant's deposit for the lease contract of this case (hereinafter "the judgment of this case") and the amount calculated at the rate of 20% per annum from January 20, 2005 to the date of complete payment" (hereinafter "the judgment of this case"), and the above judgment was finalized on June 4, 2005.

On January 30, 2007, the Plaintiff and the Defendant agreed to settle the lease deposit under the instant lease agreement as follows (hereinafter “instant agreement”). The Plaintiff paid KRW 29 million to the Defendant according to the said agreement.

- D ( husband of the Defendant) and the Defendant, as a lessee of the instant real estate, receive KRW 25.6 million, excluding the unpaid amount of KRW 11.1 million from the deposit of the lease deposit of the instant real estate, and at the same time deliver C to the Plaintiff at the same time, upon receiving KRW 29 million from the sum of KRW 3.1 million, excluding the unpaid amount of KRW 1.1 million and interest thereon.

- D and the Defendant shall receive KRW 29 million and shall not thereafter make any civil or criminal claims against the Plaintiff regarding the lease deposit for the instant real estate.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap 1 and 2 respectively.

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