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(영문) 수원지방법원 안산지원 2017.02.14 2016가단61245
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 24, 2010, the Plaintiff and the Defendant concluded a lease contract with the Defendant for the lease of the said factory from the Defendant during the period from January 24, 2010 to January 23, 2012, with respect to a factory of 274 square meters in size (hereinafter “instant factory building”) among the buildings mobile factories located in Si (hereinafter “instant factory building”), the Plaintiff and the Defendant concluded a lease contract with the Defendant for the lease of the said factory from KRW 19,090,000 for monthly rent, KRW 1,909,000 for management expenses, KRW 2,000 for the monthly rent, and from January 24, 2010 to January 23, 2012 for the period from January 24, 2012 to KRW 20,750,000 for the lease contract, KRW 2,075,00 for monthly rent, KRW 200,000 for KRW 13,2014.

B. On August 10, 2012, the Plaintiff and the Defendant concluded a lease agreement that the Plaintiff rents the above factory from the Defendant (hereinafter “the instant secondary lease agreement”) with respect to a factory with a size of 396 square meters, among the instant factory buildings (hereinafter “instant secondary factory”; referring to the instant factories 1 and 2; hereinafter “instant factory”) by setting a deposit of 31,180,000 won, monthly rent of 3,180,000 won, management expenses per square meter, and between August 10, 2012 and August 9, 2017.

C. On February 3, 2016, the Plaintiff and the Defendant concluded a lease contract for the lease of the said factory from the Defendant (hereinafter “the instant third lease contract”) with respect to the instant factory Nos. 14,420,639 KRW 5,135,00 for monthly rent of KRW 14,135,00 for management expenses, and the period from February 3, 2016 to April 14, 2016, setting the period from February 3, 2016 to April 14, 2016.

The Plaintiff and the Defendant shall set the term of the instant lease agreement 2016

6. An agreement was made to extend the period until 10.

E. Until June 10, 2016, the Plaintiff paid all rents and management expenses under the instant lease agreement to the Defendant.

[Ground of recognition] There is no dispute.

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