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(영문) 인천지방법원 2018.07.17 2017나64388
부당이득 반환
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2007, the Plaintiff entered into a lease agreement with D on the lease deposit amount of KRW 2 million and KRW 220,000,000 per month for the lease deposit with respect to the Nam-gu Incheon E-Ba (hereinafter “E-Ba”) (hereinafter “instant Non-01”).

B. After the lapse of one month from the date of the conclusion of the above lease agreement, the Plaintiff heard that Defendant B would transfer the instant B-O1 to an account in the name of F, and transferred KRW 220,000,000,000 from May 1, 2007 and June 1, 2007.

C. On May 3, 2007, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 1,00,000 and KRW 24,000 per month with respect to EB (hereinafter “instant Non-03”). On July 3, 2007, the Plaintiff deposited KRW 4,60,000 in the passbook in the name of F.

From the end of July 2007, the Plaintiff did not deposit the tea with the F’s account, and paid it directly to Defendant B. From January 2008, Defendant B did not incur the tea.

E. Around July 31, 2008, Defendant C visited the Plaintiff and thereafter deducted all the rents accrued from the instant Non-01 and Non-03 from the lease deposit from around January 2008 to July 2008. From August 2008, Defendant C proposed to pay only KRW 200,000 per month for the instant Non-01 and Non-03 without the lease deposit. The Plaintiff was to pay the rent in accordance with Defendant C’s above proposal.

F. From October 2009, the Plaintiff did not use the instant No. 03 from around October 2009 to pay KRW 100,000 per month to Defendant C from November 2009.

G. Around March 30, 2010, the Plaintiff drafted a lease agreement with Defendant C on a rent of KRW 100,000 per month with respect to the instant Non-01.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 7 are numbers.

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