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(영문) 서울중앙지방법원 2017.02.02 2015가합512284
부당이득금
Text

1. The Defendants jointly deal with Plaintiff A, 12,748,284 won, Plaintiff B, and each of them.

Reasons

Basic Facts

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation engaged in the business of manufacturing and selling release on bail, and Plaintiff B was the representative director of Plaintiff Co., Ltd.

The Defendants co-ownership F (Defendant C7/10 shares, Defendant D3/10 shares) of the building located in Gangnam-gu Seoul (hereinafter “instant building”).

Plaintiff

On December 11, 2006, the Company leased from the Defendants the storage of the first floor, the first floor, and the seventh floor (the second floor, the first floor, and the sixth floor in the registry of the company) of the instant building from February 5, 2007 to February 4, 2012, the lease deposit amount of KRW 350,000,000,000 (including management expenses) from February 5, 2007 to February 4, 2012, and operated the company on bail at the same time as “A”.

After October 27, 2010, Plaintiff B changed the lessee to Plaintiff B with respect to the same object as the existing lease agreement, and leased the lease deposit of KRW 350 million from December 31, 2010 to February 4, 2013, with the lease deposit of KRW 350 million from February 31, 2010, and the lease deposit of KRW 18.2 million from February 5, 2013 to February 4, 2015, Plaintiff B leased the first floor of the instant building (including the limit on the right to use the first floor) from February 5, 2013 to February 4, 2015, with the lease deposit of KRW 30 million from February 5, 2013 to February 4, 2015.

(2) On November 25, 2014, the Defendants notified the Plaintiff that “The instant lease agreement shall be terminated upon the expiration of the period of February 4, 2015, on the grounds of the Plaintiff’s delayed payment of rent, payment of management fees, and notification of the attachment of the claim to refund the lease deposit,” and Plaintiff B requested the settlement thereof by referring to the refund of the lease deposit after deducting the overdue rent from December 29, 2014, and electric utility charges, parking agency services, premium issues, etc.

[Grounds for recognition] The defendants asserted the following facts: Gap's 1 through 5, Eul's 9 (including each number; hereinafter the same shall apply), Eul's 1, Eul's 1, and the purport of the whole pleadings.

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