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(영문) 서울중앙지방법원 2012.11.07 2011가합99776
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “E”) whose representative director is Defendant D changed its trade name from “B”) to “B Co., Ltd.”; hereinafter “Defendant Company”) entered into a lease agreement with F Co., Ltd. (hereinafter “F”) on March 6, 2002 on KRW 3,692,567,00 of the first floor below the Seoul Gangnam-gu Seoul Building (hereinafter “instant commercial building”) and the first floor below 1,387.1 (hereinafter “F”). Around that time, Defendant D started the business of subleting individual stores upon delivery of the above commercial building.

B. On November 1, 2002, Defendant C and the Defendant Company entered into a sub-lease agreement with the former lessee with the consent of the lessor on the condition that the monthly rent of KRW 60,000,000 (total amount of KRW 4,980,000 for the old unit of KRW 83) and KRW 900,000 for the old unit of KRW 7 and KRW 900,000 for the previous unit of KRW 7 and KRW 90,000 for each shop of this case, and Defendant C agreed to receive KRW 30,000 for the monthly rent of KRW 90,000 for the old unit of account paid by the former lessee.

C. Under the above agreement, Defendant C organized a shopping mall from February 2003 to January 30, 2006, and was directly paid to the Defendant Company by receiving deposit, monthly rent, management expenses, etc. from the former lessee while engaging in the operation of the shopping mall 7,9 (the addition of the area 8,10) and recruitment and change of the former lessee. Of the work of Defendant C, the sub-lease contract between the former lessee and the Defendant was concluded by the former lessee when Defendant C receives a part of the deposit under the name of the down payment from the former lessee, the sub-lease contract was prepared and delivered to the former lessee when Defendant C receives the remainder of the deposit from the latter lessee, and then the full deposit was made in the name of the Defendant Company, and then the sub-lease is again made.

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