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(영문) 서울중앙지방법원 2020.11.18 2020나32038
부당이득금
Text

The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. Basic facts

A. The Plaintiffs were the employees who worked in D Co., Ltd. (hereinafter “Nonindicted Company”); Plaintiff A was issued the Seoul Central District Court No. 2019 tea22586; Plaintiff B was the Seoul Central District Court No. 2019 tea22983, and the Seoul Central District Court No. 2019 tea22983, respectively.

B. On March 6, 2018, Nonparty Company leased from the Defendant the 21st floor of the Gangnam-gu Seoul E building (hereinafter “instant building”) Dong (hereinafter “instant office”) (hereinafter “instant office”) from March 6, 2018 to March 5, 2020, the lease deposit amount of KRW 400,000 (hereinafter “instant lease deposit”) and monthly rent of KRW 37,60,000 (excluding value-added tax and payment on the 10th day of each month), and the main contents of the instant lease agreement are as follows.

In the location of Article 1 (Indication of Lease Articles): Division into building in Gangnam-gu Seoul Metropolitan Government: Total area of 21 stories (F heading to G): 1,52.96§³ (469.7 square meters): Date of commencement of lease contract (the lease contract period): March 6, 2018: Period of March 5, 2020: Total amount of monthly rent (all 21 stories): 37,600,000 won (excluding value-added tax) for two years. ① The lessee shall pay monthly rent to the lessor by the tenth day of each month (calculated from the beginning of the relevant month to the last day of the relevant month).

(3) The franchise period shall be three months in total during the lease contract period of two years, including the interior period.

Provided, That the exempted rent shall be paid retroactively in case of early termination before the expiration of the contract period due to the lessee's circumstances.

(F) The franchise shall be granted two months from the commencement date of the lease and one month immediately before the expiration date of the contract period, respectively). Article 6 (Management and Maintenance Expenses) ① The sum of the fixed amount management expenses and the actual cost settlement management expenses (water, electricity, and mining heat costs).

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