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(영문) 의정부지방법원 2018.09.21 2017나214634
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim and each conjunctive claim are all dismissed.

3...

Reasons

1. Basic facts

A. On August 24, 2015, the Plaintiff entered into a lease agreement with the Defendant, who was delegated with the authority to lease the underground floor of the instant building located in Yangyang-si (hereinafter “instant building”), set forth a lease deposit amount of KRW 30,000,000, monthly rent of KRW 2,500,000 (excluding value-added tax), and a lease agreement set forth as two years from August 25, 2015, with respect to the instant building.

B. On August 25, 2015, the Plaintiff decided to purchase goods located in the instant building from the Defendant, and set the price of the goods at KRW 25,000,000 among which KRW 10,000,000 among them was agreed to pay KRW 15,00,000 to the Defendant after two months of the opening of the instant business (hereinafter “instant commodity payment agreement”).

C. On the date of conclusion of the instant goods price agreement, the Defendant drafted a lease agreement under which the lessee E, lease deposit 30,000,000 won, monthly rent 2,50,000 won, lease term 2 years from August 24, 2015, and the special terms and conditions are stipulated as follows: “this agreement is the same as the terms and conditions of the agreement with the Plaintiff, and the down payment is paid by the Plaintiff.”

D paid KRW 10,00,000 to the Defendant on August 24, 2015, and KRW 20,000,000 on September 1, 2015.

E. Meanwhile, on September 15, 2015, E registered the instant building with the trade name “F” (hereinafter “F”) and filed a report on the closure of the instant marina on October 23, 2015.

F. On October 20, 2015, G drafted a written confirmation of termination of a contract with the Defendant to verify that the lease agreement on the instant building (hereinafter “instant lease agreement”) was terminated on October 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9, 19, and 20, each of the statements of the first instance court witness D, G, and the purport of the whole pleadings and arguments

2. Summary of the plaintiff's assertion

A. The primary claim is that the Plaintiff entered into the instant lease agreement with the Defendant, and accordingly.

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