(영문) 서울동부지방법원 2020.07.08 2019가단119375

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(영문) 서울동부지방법원 2020.07.08 2019가단119375

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 11, 2017, the Plaintiff entered into a lease agreement with the Defendant on April 15, 2021 with respect to the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) as D’s brokerage operating a business entity “C” and between the Defendant and the Defendant (hereinafter “instant lease agreement”).

B. Around March 2017, D, prior to the instant lease agreement, the Plaintiff stated that “Around 20,000,000 won of the lease deposit of KRW 1,377,100 out of the monthly rent of the instant vehicle shall be provided for four years, and the lease deposit of KRW 30,000,000 shall be returned after the completion of the contract,” and the Plaintiff remitted D each of the KRW 20,000,000 to D around March 30, 2017, around April 18, 2017.

C. D was prosecuted for the crime that acquired the above money from the Plaintiff and became final and conclusive upon conviction. D.

The Plaintiff paid 43,173,300 won to the Defendant as the lease fee under the instant lease agreement from May 2017 to March 2019.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 7 and 9, and the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant contract, the Defendant’s business employees had actively induced the conclusion of the instant lease agreement by stating that “C has supported the rent of KRW 1,377,100 for four years.” In fact, there are many persons who actually conclude the instant contract. There are many persons who actually conclude the instant lease agreement. There are many D representatives and transactions, and only a transaction with low scarcitys is ten (10).”

However, it was well known that the defendant and D did not have any trade at the time, and that the above business operator did not provide lease fees to D.

Nevertheless, the defendant's business member deceivings the plaintiff as above, and the plaintiff is very likely to receive the support from the plaintiff D, compared to the market price.

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