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(영문) 춘천지방법원 2016.06.23 2015가단8356
부당이득금반환
Text

1. The Defendant: (a) KRW 29,900,000 to the Plaintiff; and (b) KRW 5% per annum from May 13, 2016 to June 23, 2016 to the Plaintiff.

Reasons

1. Indication of claim;

A. On September 1, 2008, the Plaintiff entered into a lease agreement with Nonparty B to lease (hereinafter “instant lease agreement”) with Nonparty B during the period from September 1, 2008 to August 31, 2010, with respect to the lease deposit of KRW 29,900,000, monthly rent of KRW 114,30, monthly rent of KRW 110,30, and the lease term of KRW 114,30, monthly rent of KRW 201.

B. Nonparty B died on February 9, 2009, and on February 9, 2009, the Plaintiff entered into a contract on the succession of rights and obligations with the Defendant regarding the instant lease agreement.

C. On July 1, 2009, the Defendant transferred the right to return the lease deposit amount of KRW 29,900,000 to the non-party new agricultural cooperative, and on the same day, notified the Plaintiff of the assignment of the right.

On August 31, 2010, the Defendant renewed the instant lease agreement with the Plaintiff on August 31, 2010, and thereafter, the instant lease was renewed on August 31, 2012, with the lease deposit of KRW 31,561,00, monthly rent of KRW 134,080, and the lease term of KRW 134,080, August 31, 2014.

E. On October 21, 2014, the Defendant applied for the termination of the instant lease agreement to the Plaintiff. The Plaintiff offered various mutual-aid funds out of the deposit under the instant lease agreement and paid KRW 29,168,950,000 to the Defendant on October 30, 2014, respectively.

F. Of KRW 30,168,950, the deposit of the instant lease agreement that the Plaintiff returned to the Defendant, KRW 29,900,00 that the Defendant transferred to the non-party new agricultural cooperative to the non-party new agricultural cooperative was notified of the Defendant of the transfer of the claim and received without any legal cause by the Defendant, who was the non-party new agricultural cooperative, and thus, the Defendant sought restitution

2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.

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