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1. Defendant B’s each of the KRW 1,000,000 to the Plaintiff (Appointeds) and the appointed parties, and as to this, Defendant B’s respective of the KRW 1,000 from November 5, 2015 to November 5, 2016.
Reasons
1. Basic facts
A. The plaintiff (appointed party, hereinafter "the plaintiff") and the appointed party are married couple.
(hereinafter referred to as the “Plaintiff, etc.”) . Defendant B and the Plaintiff are between the two parties.
D is the omission of Defendant B and the Plaintiff.
B. D around January 200, leased and acquired a lease deposit of KRW 50 million, monthly rent of KRW 2 million, premium of KRW 30 million, and began to operate a restaurant in F column with trade name in F column (hereinafter “instant restaurant”).
C. At the request of Defendant B who lent the acquisition fund of the instant restaurant, D requested the lessor of the said building to change the above lessee’s name to Defendant B around February 200, and Defendant B got to possess the lease contract.
D On January 31, 2004, a contract was concluded to sell the restaurant (such as lease and house) of this case to Defendant C with KRW 50 million, and around that time, Defendant C had been paid KRW 30 million out of the above payment.
E. Defendant B et al. met with the Plaintiff et al. on February 19, 2004, G with the representative of the building owner, and Defendant C. In that place, Defendant C provided the lease deposit amount of KRW 50 million to G. G, which deducted the overdue rent from which G was placed on the part of Defendant B.
F. Defendant B filed a lawsuit against the Plaintiff, etc. claiming restitution of unjust enrichment, but lost it as follows.
(Da) Busan District Court Decision 2013Da71025 Decided April 24, 2014; Busan District Court Decision 2014Na7503 Decided October 22, 2015; Supreme Court Decision 2015Da69259 Decided February 18, 2016; hereinafter “instant civil litigation”). Defendant B, a resident inside and outside of the Republic of Korea, accompanied the Plaintiff, etc. to a place where the lease deposit was refunded from the lessor on February 19, 2004, and followed Defendant B and the lessor.