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(영문) 서울중앙지방법원 2017.06.22 2016가단5194483
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around May 28, 2000, the Plaintiff and the Defendant concluded a lease agreement with 120,000,000 won on May 28, 2015, when the lease agreement was renewed each year after the Plaintiff’s lease agreement for the Seoul Building 102 (hereinafter “instant building”) owned by the Defendant was concluded on May 28, 200, and on May 28, 2015, the lease deposit amount is KRW 120,00,000, monthly rent is KRW 3,775,000 (excluding value-added tax), and the management fee is KRW 875,00 (excluding value-added tax), monthly contract period is 12 months, respectively (hereinafter “instant lease”).

B. The Plaintiff paid 750,000 won per month to the Defendant in addition to the rent stipulated in the lease contract from the time when the instant building was first leased. On April 2016, when the contract term under the instant lease agreement was terminated, the dispute occurred between the Plaintiff and the Defendant due to the issue that the Plaintiff received the premium from the new lessee of the instant building (the Plaintiff operated the instant building, and the Plaintiff was a new lessee who wishes to operate the restaurant, and the Defendant refused to provide the premium for a type of business other than the previous one, which the Defendant would have to receive the premium from the new lessee.) on May 30, 2016.

C. Accordingly, the Defendant remitted to the Plaintiff a total of KRW 144,00,000,000 on June 28, 2016, and KRW 100,000,000 on July 1, 2016, and KRW 144,00,000 on a total of KRW 140,000,00, and requested the Defendant to prepare a receipt to the effect that the Plaintiff was refunded as management expenses. The Plaintiff requested the Defendant to prepare a receipt to the effect that the amount of KRW 144,00,00 was refunded as management expenses. From May 28, 200 to May 28, 2016.

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