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(영문) 대전지방법원 2016.09.21 2015가단18364
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 1,900,000 against the Plaintiff (Counterclaim Defendant) and its related thereto from June 26, 2015 to September 21, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. In around 2005, the Plaintiff leased Nos. 109 and 110 of the Daejeon-gu E ground (hereinafter “instant building”) from D, its owner, and around December 2010, the lease agreement was renewed with respect to the instant building at KRW 10 million, monthly rent of KRW 10 million (hereinafter “instant lease agreement”).

B. The Plaintiff registered its business and operated a restaurant with the trade name “F” in the instant building.

C. On May 27, 2013, the Plaintiff entered into a sublease contract with the Defendants on a monthly rent of KRW 2.5 million with respect to the instant building. On October 6, 2013, the Plaintiff again entered into a sublease contract with Defendant B on a monthly rent of KRW 20 million, monthly rent of KRW 1.9 million (payment on October 30), and the sublease period from October 6, 2013 to December 12, 2013 (hereinafter “instant sublease contract”).

The Plaintiff and Defendant B decided to substitute the amount of KRW 10 million out of the deposit for sub-lease with the sales amount equivalent to the same amount deposited in the Plaintiff’s account in the name of the said Defendant after operating the said restaurant.

Defendant B paid the remainder of KRW 1 million to the Plaintiff on October 7, 2013.

The Defendants operated the “F” by using the business registration in the name of the Plaintiff in the instant building as it is.

E. On March 4, 2014, D notified the Plaintiff that the instant lease contract will be terminated on the grounds of the illegal lease and the unpaid monthly rent. On November 7, 2014, D filed a lawsuit against the Plaintiff and the Defendants on the ground that the said lease contract was terminated on the grounds of the unpaid rent from June 19, 2013 and the delivery of the instant building was handed down by the Daejeon District Court Decision 2014Da43707, Apr. 28, 2015.

F. Meanwhile, around January 31, 2014, the Plaintiff and Defendant B agreed to terminate the instant sub-lease contract, and despite such termination agreement, restitution and settlement have not been performed.

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