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Reasons
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(영문) 광주지방법원 2018.01.25 2017가단504294
부당이득금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 4, 2015, the Plaintiff entered into a contract on the lease of the former lease deposit of KRW 100,000,000 from August 19, 2015 to August 19, 2017, which is a branch of the Defendant’s South East Eastdong C, the Defendant’s agent for the Defendant, and completed the move-in report at least on August 6, 2015, and obtained a fixed date in the said lease contract.

B. When the Plaintiff applied for a loan of KRW 49,00,000 to the KNF Bank for a loan of KRW 49,000,000, the Plaintiff requested the Defendant to pay the loan to the Defendant’s Bank FF account, and applied for a credit guarantee of KRW 44,10,000 to the Korea Housing Finance Corporation. On August 19, 2015, the said bank paid KRW 48,980,000 to the Defendant’s above account.

[Ground of recognition] The fact that there is no dispute, Gap 1-10, and the purport of the whole pleading

2. The plaintiff asserted and determined that the above lease agreement is null and void because it was due to the defendant's expression of intention in collusion with D, and the plaintiff paid KRW 49,00,000 to the defendant by borrowing KRW 48,980,00 from the above bank due to the above contract, thereby gaining profit of KRW 48,980,000, and the plaintiff suffered loss due to the above bank's obligation to pay KRW 49,00,000 to the above bank. Thus, the defendant is obligated to pay KRW 48,980,000 to the plaintiff.

Even if the above lease agreement was based on a false declaration of intent agreed upon, the plaintiff is deemed to have concluded a lease agreement based on a false declaration of intent agreed upon by the defendant for financing. Thus, even according to the plaintiff's assertion, other explicit or implied contractual relationship between the plaintiff and the defendant for financing in addition to the above lease agreement exists.

Therefore, the evidence presented by the plaintiff alone is about the defendant's profit by suffering from the damages alleged by the plaintiff.

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