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(영문) 서울중앙지방법원 2018.09.07 2017가합571621
부당이득금
Text

1. As to the Plaintiff KRW 246,372,493 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 246,372,493 from April 21, 2016, and KRW 117,380,488.

Reasons

1. Basic facts

A. The relevant Plaintiff is the person who was the owner of the Gangnam-gu Seoul Metropolitan Government C building (hereinafter “instant building”) from July 26, 2001 to August 31, 2015. The Defendant is a company that occupied and used all of the sixth floor and the first floor of the instant building, and D, the Defendant’s representative from September 2005 to February 2015, with the Plaintiff’s delegation from around September 2005 to around February 201.

B. Defendant’s use of the instant building 1) The 6th floor Plaintiff of the instant building is a stock company E (hereinafter “E”) with D’s representative on February 16, 2005.

) The 120 square meters of the 6th floor of the instant building was determined and leased 60 million won as deposit money, 4,710,000 won per month for rent (including management expenses) to the Defendant. Meanwhile, from September 1, 2011 to October 31, 2015, the 45 square meters (hereinafter “6th floor office”) out of the 6th floor of the instant building used by E.

2) The Defendant of the first floor of the instant building used the first floor (hereinafter “the first floor shock”) of the instant building as the Defendant’s studio from April 2014 to June 2015.

The amount equivalent to the rent of the 1st floor shock is KRW 9,113,125 per month from April 1, 2014 to March 31, 2015, and KRW 8,794,167 per month from April 1, 2014 to October 31, 2015.

3. The Defendant paid the Plaintiff rent amounting to KRW 5,841,308,00, the sum of KRW 1,395,064 on August 27, 2014, KRW 1,433,348 on September 29, 2014, KRW 1,362,896 on November 6, 2014, and KRW 5,841,308 on January 6, 2015.

C. D, as shown in attached Table 1, from November 21, 201 to August 13, 2013, when delegated the management of funds from D and possessed passbooks, etc. in the name of the Plaintiff, transferred totaling KRW 107,602,40 on 23 occasions from the Plaintiff’s account to the Defendant’s account, and deposited KRW 71,00,000 in total from the Defendant’s account four times from the Defendant’s account. From July 20, 2012 to October 31, 2013, “Plaintiff” in attached Table 2 to D.

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