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(영문) 부산지방법원 2020.03.12 2019가단325397
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 17, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 22 million (including additional tax), and from September 6, 2017 to September 5, 2019 (hereinafter “instant lease agreement”).

B. On May 17, 2018, when the Defendant had been operating the instant cartels upon delivery of the instant cartels, the Plaintiff agreed to deliver the instant cartels to the Plaintiff as soon as the Plaintiff paid KRW 50 million for the director’s expenses in the event that the instant cartels were sold before the lease term expires in order to newly build an officetel by removing the instant cartels.

C. Around July 10, 2019, the Defendant delivered the instant Maurher completely to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. As to the cause of the claim, the Plaintiff sought reimbursement of the sum of the rent of KRW 10.6 million on December 2, 2018 and the rent of KRW 132.6 million on January 1, 2019 through June 2019, including the rent of KRW 14.2 million on a deposit basis or the rent of KRW 132.6 million on a deposit basis, and damages for delay therefrom, which the Defendant did not pay to the Plaintiff on the basis of the monthly rent of KRW 22,00,000 from December 2018 under the instant lease agreement, barring any dispute between the parties, and the Defendant is obligated to pay the said unpaid rent and damages for delay.

B. As to the defendant's defense, the defendant's defense was reduced to 6 million won by agreement between the plaintiff and the defendant, and the defendant's obligation to pay the unpaid rent was exempted.

I.C. 1.0 Domins, A. 4, 6, and B.

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