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(영문) 광주지방법원목포지원 2017.07.12 2015가단51904
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. A. Around November 30, 2006, Defendant H entered into a lease agreement with the Plaintiff on a deposit of KRW 200,000,000, monthly rent of KRW 200,000, and KRW 20,000,000 (excluding value-added tax) with the Plaintiff, and around that time, Defendant H paid the deposit to the Plaintiff A.

B. On December 13, 2006, Defendant H established the Defendant Company for the purpose of shipbuilding, vessel parts, and design goods manufacturing, etc. in order to operate vessel parts manufacturing business, etc. in the above leased site (the representative was finally changed to L through K, L, Defendant H, etc.) and registered its business in the Posium.

C. Meanwhile, while managing M Co., Ltd. (hereinafter “M”), while promoting an industrial complex development project (the construction of a shipbuilding yard by M) in the Jeonnam-gun Nilwon, the Plaintiff loaned business funds through Defendant H, and as a result, leased approximately 20,000 square meters to Defendant H in addition to the leased site under the first lease contract (the leased site is the total of 157,475 square meters; hereinafter “instant site”) and extended the period.

Around March 26, 2007, the Defendant Company entered into a lease agreement with the Plaintiff on March 26, 2007 with the deposit amount of KRW 200,000,000 for the instant site (which was appropriated by the Defendant Company for the deposit deposit paid by the Defendant Company under the first lease agreement) and the date of occupancy as of March 26, 2007 (hereinafter “second lease agreement”), and entered into a lease agreement with the Defendant Company on March 26, 2007 retroactively on November 30, 2006.

(However, part of the site of this case was owned by Plaintiff B, Plaintiff C, Defendant C, and Plaintiff D, who is the father of Plaintiff A, who is the father of the Plaintiff, and both Plaintiff B, C, and D jointly signed and sealed the “leased” column of the second lease contract.

On the other hand, the second lease contract is defined as follows:

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