logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.15 2015가단119307
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. A. On March 31, 2014, the Plaintiff and the Defendant agreed to exchange Embel (hereinafter “instant Mobel”) on the south-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and Yangyang-si, and the Defendant’s land of the Gangwon-do, Gangwon-do, the Defendant owned, but agreed to mutually accept the security established on each of the above real property and pay to the Plaintiff KRW 120,000,000 for the exchange of each of the above real property

(hereinafter referred to as “instant exchange contract”). B.

According to the agreement with the plaintiff, the defendant leased the franchise of this case to G, who is the plaintiff, as of the same day, KRW 230,000,000, monthly rent of KRW 5,000,000, and the lease period of two years (hereinafter referred to as "the lease contract of this case"), and paid the exchange difference of KRW 120,000,000 under the exchange contract of this case to G on behalf of the plaintiff.

C. From April 2014, G operated the telecom as a lessee of the instant telecom, G only paid the monthly rent on April 2014 to the Defendant, but did not pay the subsequent rent.

On June 26, 2014, the Defendant sent to the Plaintiff and G a written peremptory notice demanding that the Plaintiff compensate for damages, such as 120,000,000 won in exchange difference, and interest on delay, introduction fees, and service fees, etc. to the Plaintiff. On September 30, 2014, the Plaintiff and G also returned KRW 120,000,000 in exchange difference to the Plaintiff was de facto rescinded by the agreement.

E. From May 21, 2014 to September 2014, the Defendant received a favorable judgment against G on the purport that “25,000,000 won and damages for delay shall be paid,” and G appealed appealed (this Court Decision 2015Na53026), which became final and conclusive on December 29, 2015.

F. Around March 30, 2016, the Defendant seizes corporeal movables owned by G as its executive title.

arrow