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Reasons
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(영문) 부산지방법원동부지원 2016.04.29 2015가합102834
부당이득금
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1. The defendant shall pay to the plaintiff KRW 1,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Facts of recognition;

A. The defendant is a corporation with the objective of real estate sales and lease business.

B. On March 12, 2015, the Defendant entered into a sales contract to purchase the Seo-gu, Seo-gu, Busan (hereinafter “instant cartel”) with the purchase price of KRW 4.6 billion (hereinafter “instant sales contract”), and completed the registration of ownership transfer on March 19, 2015.

C. On March 12, 2015, the Defendant entered into a lease agreement with F to the effect that the instant Moel was leased KRW 1 billion, KRW 30,000,000 per month, and KRW 30,000 per month, and the term of lease from March 31, 2015 to March 31, 2017 (hereinafter “No. 1 lease agreement”).

From March 19, 2015, F had experienced difficulties in using the computer system, etc. of the instant Moel since around March 19, 2015, and had experienced the fact that it is difficult to operate the instant Mour.

E. After March 31, 2015, the Defendant entered into a lease agreement with the Plaintiff (hereinafter “second lease agreement”) with the terms that the instant Maurel KRW 1 billion, monthly rent KRW 30,000,000 (additional tax separate), from April 1, 2015 to March 31, 2017, with the term of lease fixed (hereinafter “second lease agreement”).

F. Around that time, the Plaintiff paid KRW 1 billion to the Defendant the lease deposit, and thereafter operates the instant telecom from April 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 3, Gap evidence 4-1 and 4-2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff entered into a second lease agreement on the premise that the instant franchise sales would amount to KRW 90 million per month, setting the monthly rent at KRW 30 million. However, the sales of the instant franchise was merely KRW 40 million through KRW 50 million per month.

The fact that the sales of the franchise of this case would amount to KRW 90 million per month is concluded.

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