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(영문) 서울서부지방법원 2007.12.26 2006가단90742
부당이득금
Text

1. Plaintiff (Counterclaim Defendant) A: (a) 41,600,000 won to Defendant (Counterclaim Plaintiff) and its related amount from June 10, 1998 to April 27, 2007.

Reasons

A principal lawsuit and a counterclaim, etc. shall be deemed simultaneously.

1. The following facts may be acknowledged in light of the whole purport of the pleadings in each of the statements in Gap's 1 to 5, 9, 10, 14, Eul's 1 to 22, 24, 25, Eul's 23-1, and 2.

Plaintiff

A around February 15, 1995, around February 15, 1995, with Defendant D entered into a lease agreement with Defendant D by setting the lease deposit amount of KRW 70,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 24 months from February 15, 1995, and operated the household retail business with the trade name “G” at the instant store after paying the above lease deposit.

B. On February 15, 1996, Plaintiff A and Defendant D revised the above lease agreement with respect to the instant store as KRW 30,000,000, monthly rent of KRW 2,200,000. On June 27, 1997, the lease agreement was concluded by setting the lease deposit amount of KRW 10,00,000, monthly rent of KRW 2,400,000, and the lease term from June 15, 1997 to June 15, 198.

After that, the plaintiff A shall be liable to the defendant D on August 14, 1997 for the same year.

9. 15. Until the date of arrears, the instant store was promised to be transferred in the event that the monthly rent is not paid.

C. After the plaintiff A was detained on December 197, 197, the plaintiff A, the husband of the plaintiff A, agreed on his behalf with the defendant D on December 15, 1997, and the above lease contract is terminated on behalf of the plaintiff Eul, and the lease deposit shall be appropriated for the monthly rent in arrears, etc., and the defendant D agreed to pay KRW 10,000,000 to the plaintiff B as moving expenses.

Defendant D = 3,00,000,000 on January 24, 1998 to Plaintiff B, and the same year

6.9.7,00,000 won were paid respectively. D.

Defendant A, the wife of Defendant D, joined each community organized by the Plaintiff A on January 1, 1995 and around August 1, 1995, and the Plaintiff A was liable for each community obligation of KRW 34,60,000 against Defendant A around May 1996, and KRW 37,000,000 around August 199.

E. The plaintiff A and B

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