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(영문) 수원지방법원성남지원 2017.05.23 2016가합205782
부당이득금
Text

1. The Defendants jointly share KRW 84,595,440 and KRW 66,232,00 among them to the Plaintiff, from March 15, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company whose main business is sports facility business, skin management, and chain business. The Defendants are co-owners of Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) Nos. 304 and 305 (hereinafter “instant store”).

B. On November 20, 2015, the Defendants entered into a lease agreement with the Plaintiff’s employee E team at the D Licensed Real Estate Agent Office located in the instant building on November 20, 2015, following consultation on the lease agreement with the Plaintiff’s employee E team, presented a copy of the sales contract (Evidence 2) and designated the instant store as “replacer” at the time of the purchase of the instant store. Thus, the Defendants concluded a lease agreement with the Defendants on November 20, 2015 with regard to the instant store (hereinafter “instant lease agreement”) as follows, regardless of the pre-existing Egrative Center’s business in operation under subparagraph 402 of the instant building.

Article 1 (Purpose) only for the lease of the above real estate, the lessor and the lessee will pay the lease deposit and the rent by agreement as follows:

Deposit 70 million won, seven million won for down payment shall be paid at the time of the contract, and any balance 63 million won shall be paid on November 30, 2015;

The rent of seven million won shall be paid on the last day of each month.

Article 2 (Duration) The lessor shall deliver the said real estate to the lessee by November 30, 2015 in a condition that it can be used for the purpose of the lease, and the lease period shall be from the date of delivery until December 31, 2017 (25 months).

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and when there is any overdue rent or damages, he/she shall restrain it and the balance thereof.

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