logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.04.24 2013가단71025
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant B are South Korea wholesalers, and the defendant C is the husband of the defendant B, the non-party D is the plaintiff and the defendant B's fault.

B. On January 200, the above D leased and acquired a lease deposit of KRW 50 million, monthly rent of KRW 2 million, premium of KRW 30 million, and began to operate a restaurant (hereinafter “instant restaurant”) with a trade name in F column from that time.

C. On February 200, the above D requested the lessor of the above building to lend the money to take over the restaurant of this case, and changed the name of the above lessee to the Plaintiff, and the Plaintiff possessed the lease contract.

On January 31, 2004, the above D sales proceeds, including the restaurant (lease and house) of this case, to non-party G, i.e., the sales proceeds of business rights, including the house of KRW 50 million, i.e., the house of KRW 50 million, excluding the deposit of KRW 50 million, but is not clear.

A contract for sale was concluded in Japan, and around that time, the plaintiff, who had been in Japan, came to return to Korea with the above lease contract on the restaurant building of this case, and was paid KRW 30 million out of the above price by G on February 16, 2004.

It is not clear when and when the payment has been made, whether or not the remainder of the payment (the premium) is paid in 20 million won.

E. On February 19, 2004, the Plaintiff met the Plaintiff’s agent H and the above G with the Defendant husband and wife. At that place, G showed the lease deposit of KRW 50 million to H, and H appears to have met the overdue rent of KRW 12 million from the overdue rent of KRW 20 million. However, it is not clear that H’s overdue rent of KRW 20 million from the overdue rent of KRW 12 million.

The remainder after deducting B was found on the part of the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. Claims as to the cause of the claim and determination thereof

A. The Plaintiff, H and G met on February 19, 2004 (hereinafter “instant date”), without the consent of the Plaintiff, is a cafeteria building at the Plaintiff’s home.

arrow