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(영문) 서울중앙지방법원 2019.05.21 2018가단5154434
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 24, 2016, the Plaintiff entered into a lease agreement with the Defendants on the lease deposit amounting to KRW 200 million, KRW 10 million per month, and KRW 29 million per month, and from February 29, 2016 to February 28, 2021 (hereinafter “instant lease agreement”). As a special agreement at the time, the Plaintiff set the lease agreement between February 29, 2016 and February 29, 2016 as the said special agreement, the Plaintiff set the lease agreement at KRW 8 million per month (value-added tax) that the Plaintiff is the vehicle from April 29, 2016 to October 28, 2016.

B. From June 13, 2016 to July 31, 2017, the Plaintiff paid 8.8 million won per month to Defendant B.

C. Defendant B agreed on June 7, 2017 that only six months from the date of the instant lease agreement, but only eight million won per month was paid by the Plaintiff even after the period, and thus, Defendant B sent to the Plaintiff a letter of content-certified mail stating that the difference is in arrears equivalent to the difference, and around that time, the said mail reached the Plaintiff.

On September 17, 2017, the Plaintiff and Defendant B concluded to terminate the instant lease agreement, and on the same day, written “the current status of the unpaid rent of KRW 127 million (hereinafter “the instant document”) with the content that the Plaintiff would return the unpaid rent of KRW 73 million after deducting the unpaid rent of KRW 200 million from the deposit for lease deposit.

E. On October 10, 2017, the Plaintiff handed over the leased object to the Defendants, and received a refund of KRW 123.6 million from Defendant B, deducting the unpaid rent, etc. up to that time from Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The document of this case signed by the Plaintiff on September 17, 2017 between the Plaintiff and the Defendant B, and the agreement by the said document was revoked by the coercion.

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