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1. The defendant shall pay 38,940,413 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. Basic facts
A. (1) On February 23, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant first lease agreement”) with the Defendant, setting the lease deposit amount of KRW 500 million, monthly rent of KRW 9 million, and KRW 48 months from the delivery date of the lease term, with respect to the first underground floor located in the area of 377.8 square meters (hereinafter “instant land”) owned by the Defendant, Nam-gu, Incheon Metropolitan City (hereinafter “instant land”).
(2) At the time of the conclusion of the instant first lease agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the interest of KRW 50 million for KRW 60 million for the said deposit at the same time with the contract, and to register the creation of chonsegwon for KRW 500 million at the same time with the contract for the said deposit, instead of the amount of KRW 40 million for the remainder of KRW 40 million for the right to collateral security established in the name of E.
(3) On February 27, 2012, the Plaintiff paid the down payment of KRW 60 million to the Defendant, and the Defendant paid KRW 3 million to the Plaintiff KRW 500 million on March 24, 2012 to October 24, 2012.
B. On February 27, 2012, the Plaintiff was respectively assigned the right to collateral security (order 1) with the maximum debt amount of KRW 440 million as of April 22, 2010, under the name of the mortgagee E, which was created in the instant telecom, and the right to collateral security (order 20 million) with the maximum debt amount of KRW 300 million as of December 11, 2009, under the name of the mortgagee E, which was created in the instant land.
C. (1) The Defendant filed a lawsuit against F and G (hereinafter “F, etc.”) with the Suwon District Court 2012Gahap4391 seeking delivery of building and payment of rent and unjust enrichment. The said court acknowledged that F, etc. used and made profits from the instant maternity by March 6, 2012, and recognized that F, etc. used and made profits from the instant cartel until March 2012.