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(영문) 창원지방법원진주지원 2014.09.05 2014가단242
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,482,040 to the Plaintiff (Counterclaim Defendant) and its related amount from June 27, 2013 to September 5, 2014.

Reasons

1. Basic facts

A. On February 27, 2010, the Plaintiff, on April 1, 2010, leased to the Defendant the land-based building C (mutual name:D restaurant; hereinafter “instant building”) located in Gyeongnam-gun, Busan-gun as KRW 36 months from April 1, 2010, KRW 30 million from deposit, and KRW 1.5 million from rent (i.e., one-year rent of KRW 18 million).

(hereinafter “instant lease agreement”). B.

The Defendant’s KRW 1,653,170 on July 26, 2010 to the Plaintiff and the same year

9. Nov. 1, 198 paid KRW 10 million as each appointment, which was so settled as the difference in the year 2010 set forth in the above lease agreement.

C. The Defendant paid 4 million won to the Plaintiff as the monthly rent in 2011, and did not pay the remaining monthly rent of 14 million won.

On November 7, 2012, the Defendant left the instant building on November 7, 2012, when he did not pay to the Plaintiff the monthly rent in 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. The plaintiff and the defendant's assertion and judgment

A. The Plaintiff’s assertion as to the cause of the principal lawsuit has restored to the Plaintiff’s possession on May 2013 after the Defendant removed from the instant building. As such, the Defendant claimed that the Plaintiff pay KRW 14 million in unpaid rent in 201, KRW 18 million in the year 201, KRW 18 million in unpaid rent in the year 201, KRW 7.5 million in the year 2013 and KRW 7.5 million in the amount from January 5, 2013 (i.e., KRW 1.5 million x 5 million in the amount). Of that, 30 million in the amount should be deducted from the deposit issued by the Defendant to the Plaintiff, and the remainder KRW 9.5 million in the amount should be paid by the Plaintiff on behalf of the Defendant during the Defendant’s lease period, and that the amount should be paid for delay and delay damages.

B. The Defendant asserted the cause of the counterclaim and terminated the instant lease agreement by delivering the instant building to the Plaintiff on November 7, 2012. Therefore, the Plaintiff’s lease deposit3.

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