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(영문) 서울고등법원 2015.08.28 2014나2052139 (1)
부당이득금반환 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The plaintiff is a corporation that operates real estate development and rental business, and the defendant B was a person who served as the representative director of the plaintiff from June 27, 2005 to May 21, 2013.

On August 30, 2004, the Plaintiff changed from Samsung Titco Co., Ltd. to the current trade name on February 17, 2011.

(2) In order to secure construction funds, the Plaintiff entered into an agreement with the Home Packer to pay 37.8 billion won as rent in advance (hereinafter “the instant lease agreement”) among the five underground floors and the ten-story buildings (hereinafter “instant building”), which is expected to be newly constructed on the ground of Songpa-gu Seoul, and the total floor area of 28,100 square meters, which is anticipated from the six underground floors and the fourth to the fourth to the fourth to the above ground level, and the lease period of the instant building, for twenty (20) years from the following day after the date of approval of the inspection on the use of the instant building, and to lease monthly rent of 108,33,000 won to the Home Packer. In order to secure the construction fund, the agreement on monthly rent is as follows.

Article 6 (Rents) (1) The Home Packer shall pay to the Plaintiff monthly rent (from 1st to the last day of the month) not later than the first three years of the lease term referred to in Article 3 (1) of this Agreement, and the amount of KRW 108,33,00 (value added tax shall be separate, and the Home Packer shall be borne by the Home Packer) by not later than the 15th of the month.

(2) The rent shall be the same for three years from the date on which the term of the lease referred to in paragraph 1 of Article 3 begins, and shall be raised by three percent on the basis of the rent for the immediately preceding year whenever one year elapses after the three years thereafter.

B. On June 23, 2005, the Plaintiff entered into a service contract (hereinafter referred to as the “instant feasibility review service contract”) with the Defendant M&P bargaining Co., Ltd. (hereinafter referred to as the “Defendant Company”), which examines the feasibility of the lease and sale of the instant building (hereinafter referred to as the “instant feasibility review service period”). Article 3 of the service contract (service period)

1. The service period is from June 27, 2005 to September 26, 2005;

Article 4. The amount of services and services.

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