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(영문) 부산지방법원 2016.01.21 2015나45113
부당이득금
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 facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; or (b) evidence Nos. 1 and 3; and (c) the overall purport of the pleadings.

A. The defendant operated the Busan Geum-gu C 901 Health Center (hereinafter “instant health center”), which the plaintiff acquired and operated the health center.

B. On June 14, 2013, the Plaintiff leased the instant health care center from the Defendant during the period from June 14, 2013 to June 20, 2015, with a deposit of KRW 100 million, KRW 2 million per month (in addition to value-added tax, KRW 20 million per month), and the lease period from June 21, 2013 to June 20, 2015.

(hereinafter “instant lease agreement.” The Defendant filed an application for the settlement prior to filing a lawsuit with this Court No. 2013No. 673, and a settlement was concluded on July 26, 2013 with the Plaintiff and the Defendant, present at the court, with the content similar to the instant lease agreement.

C. The Plaintiff paid the deposit and operated the instant healthcare center upon delivery.

Since then, the Plaintiff and the Defendant agreed on the instant lease agreement.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant paid the Plaintiff the unpaid rent, unpaid management expenses, and late payment charges, at KRW 100 million for the lease deposit. However, in the instant lease agreement, the Defendant did not enter into an agreement on the late payment charges for the rent and management expenses, and the Defendant claimed excessive management expenses. As such, the Defendant should refund the Plaintiff the total sum of KRW 9,819,252, including late 1,173,430 for the unpaid rent, late 309,05 for the unpaid rent, late 309,05 for the unpaid rent, late 8,336,817 for the unpaid management expenses, and KRW 8

B. In full view of the evidence as seen earlier, evidence Nos. 2 and 4-1 and 2, the Plaintiff and the Defendant deducted the unpaid management expenses from KRW 17,796,352, and the unpaid rent 16,573,430 from July 22, 2014, and deposited KRW 55,630,218 among them in the Plaintiff’s account, and the remainder of KRW 10,000,000,000.

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