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Reasons
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(영문) 서울중앙지방법원 2015.08.27 2014가합586264
손해배상
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1. As to Defendant B’s KRW 4,456,00,000 and KRW 890,000 among the Plaintiff, Defendant B shall be from April 8, 2009, and KRW 2,000,000.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Korean branch office of a Chinese corporation running air transport business. E is the Plaintiff’s site location from December 1994 to December 200, and the People’s Republic of China, who held office as the Plaintiff’s branch office from December 200 to April 2012. 2) The Defendants are registered as co-ownership of 1/3 shares in the Gangnam-gu Seoul F building (hereinafter “instant building”). The Defendants are registered as joint owners of the real estate business related to the instant building.

B. On February 1, 1992, the Plaintiff started to lease and use the instant building. The Plaintiff leased and used almost all of the instant building in a lease deposit of KRW 4 billion, monthly rent of KRW 42 million. 2) The Plaintiff entered into a lease agreement on part of the instant building between one of the Defendants or the Defendants as indicated below.

According to the agreement on the date of concluding the contract, the total amount of deposit increased for the object of lease on January 27, 1995 - Defendant B’s ground 2 - 500 million won on February 1, 1995 or January 31, 2010 - March 1, 2005 1.5 billion won on March 1, 2005 from March 1, 2005 to September 3, 2006, 1.5 billion won on the Defendants’ ground 1.5 billion won on September 1, 2006 to October 4, 2007, 2008 to the Defendant’s ground 1 billion won on September 1, 2006 to October 18, 2007

On March 12, 2009, E and Defendant B applied for the provisional payment of KRW 110 million to the Plaintiff as the name of the payment of rent, around March 12, 2009. On March 12, 2009, the Plaintiff transferred KRW 110 million to the national bank account (Account Number G) in the name of Defendant B at the request of E. Defendant B. Defendant B drafted a receipt of KRW 110 million with respect to the above KRW 10 million to Defendant B. (2) Defendant B prepared a receipt of KRW 100 million with respect to the said KRW 10 million, and Defendant B used money from the Plaintiff in advance.

2. The Plaintiff

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