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(영문) 대전지방법원 2018.10.17 2016가단212637
부당이득반환 청구 등
Text

1. Defendant C shall pay to Plaintiff (Counterclaim Defendant) Co., Ltd. KRW 65,342,770 and its full payment from September 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff Co., Ltd.”) is a company engaging in rice snow processing and sales business, and Plaintiff B is the representative director of Plaintiff Co., Ltd.

Defendant D (the trade name before the change is referred to as “F,” and the name of the company in the future) and Defendant E Co., Ltd. (the name of the company in the future omitted) are companies engaged in the manufacture and sale of pet animal products, and Defendant C is the actual managers of Defendant D and E.

The plaintiff B and the defendant C entered into a business agreement with the plaintiff company and the defendant company, who lack financial capacity, to use the above bonded factory as well as to sell dogbs, etc. held by the defendant company (the above "the business agreement of this case") with the fund necessary for the successful bid of the factory owned by the defendant company in the auction of the plaintiff company (the above "the business agreement of this case").

On October 14, 2013, the Plaintiff Company and Defendant D concluded a sublease contract with Defendant D to transfer the second floor of the Mapo-gu Seoul Building from Defendant D.

However, the sub-lease contract prepared by Defendant D was not completed due to the failure of the Plaintiff Company to affix its seal. According to the above contract, the deposit amount is KRW 20 million and monthly rent is KRW 2.3 million, and the sub-lease period is from November 1, 2013 to October 31, 2014.

Plaintiff

On November 1, 2013, the Company received part of the above G G office from Defendant D, and provided office equipment such as books and furnitures, and the employees of the Plaintiff Company used the above office space on a non-regular basis.

B. On October 14, 2013, the Plaintiff Company and Defendant D entered into a lease agreement with Defendant D to lease the H factory located in Chungcheongnam-gun, Chungcheongnam-do.

According to the above Bodo Factory Lease Agreement, deposit is 50 million won and monthly rent is 8 million won (including value added tax).

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