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(영문) 수원지방법원 2017.11.16 2017나64941
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings (including substantial facts before this court) in each entry in Gap evidence 1 and 2.

The Plaintiff and the Defendant: (a) a lease agreement 1) between the Plaintiff and the Defendant under the name of his spouse C on December 10, 2013; and (b) between the Defendant and the Defendant on December 10, 2013, the Plaintiff is deemed to be the 641.91 square meters of the Doll

(1) As to the lease deposit, KRW 40,000, KRW 2,600,000, KRW 15,000, KRW 200, KRW 15,000, KRW 15,000, and the term of lease is from December 10, 2013 to December 9, 2015 (hereinafter “instant lease agreement”).

(2) On December 8, 2014, the Plaintiff entered into a contract with F to transfer the right of KRW 100,000 with respect to the goodwill in the instant store, and around that time, agreed with the Defendant to terminate the instant lease agreement.

3) On December 16, 2014, the Plaintiff is deemed to have paid KRW 7,200,000 to the Defendant (hereinafter “instant money”).

4) After that, the Defendant returned the lease deposit upon the termination of the instant lease agreement, and the Defendant paid the Plaintiff KRW 10,400,000, out of KRW 40,000 from August 16, 2014 to December 15, 2014 (hereinafter “1), ② the overdue management expenses for the six-month period (hereinafter “20,000,000), ③ the unpaid value-added tax for the 11 month period (hereinafter “3-value-added tax”) and ④ the amount of value-added tax levied on the Defendant for the unlawful disposal of goods at the parking lot located after the instant store, and ④ the amount of local education tax imposed on the Defendant for the 700,000,000 (hereinafter “No.4,000,000) imposed on the Defendant due to the alteration of the use of the instant parking lot to the Plaintiff’s without permission.

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