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(영문) 서울중앙지방법원 2019.06.11 2018가단5164424
약정금
Text

1. The Plaintiff:

A. Defendant B’s KRW 21,500,000 and for this, 5% per annum from August 7, 2018 to June 11, 2019.

Reasons

1. Determination as to the Defendants’ joint payment claim amounting to KRW 20 million

A. 1) On December 15, 2016, the Plaintiff and the Defendants established D Co., Ltd. for the purpose of the entertainment-related business, etc., and the Plaintiff was appointed as an internal director, and Defendant C was appointed as a representative director. 2) The Plaintiff and the Defendants agreed to lease the Seoul Mapo-gu and the 131.86 square meters of the 5th floor of the above company’s headquarters for the business of the above company as the business place, while the Plaintiff and the Defendants agreed to lease the 20 million won of the lease deposit to the Plaintiff.

On October 28, 2016, the Plaintiff and Defendant C entered into a lease agreement with G and H on the premises of the lessor, a joint lessee, and paid 20 million won of the lease deposit created by the Plaintiff to the lessor.

In this regard, Defendant B promised to return the above lease deposit to the Plaintiff, and Defendant C was also aware of this fact.

3) Upon the termination of the lease above, Defendant C was paid KRW 12,741,050 as the bank account under the name of the above Defendant after deducting the overdue rent from the lessor’s deposit amounting to KRW 20 million on April 11, 2018. [Grounds for recognition] There is no dispute, and evidence Nos. 1-5, 15, 18, 19 (where the certificate is numbered, the indication is omitted; hereinafter the same shall apply).

statement, witness I, witness I, J's testimony, the purport of the whole pleadings

B. According to the allegations and determination of the first instance judgment, Defendant B is obligated to pay to the Plaintiff the amount equivalent to KRW 20 million in accordance with the agreement with the Plaintiff, as long as the said lease has been terminated.

In addition, Defendant C received 12,741,050 won in the balance of the lease deposit from a lessor without any legal ground in relation to the Plaintiff, while the Plaintiff suffered losses that could not be recovered by the Plaintiff, the said Defendant is obligated to jointly pay KRW 12,741,050 to the Plaintiff, as a return of unjust enrichment.

The plaintiff against the defendant C is 20 million won.

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