(영문) 부산지방법원 2016.01.15 2015가단226102

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(영문) 부산지방법원 2016.01.15 2015가단226102

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In a lawsuit brought by the Plaintiff against the Defendant’s wife C, etc. as the instant court 2013Gahap48909, conciliation was concluded on November 7, 2014. Of the conciliation provisions, the Plaintiff, C, and the Defendant (convenor) related to the instant case are as follows.

① C shall pay to the Plaintiff KRW 50 million, and the method of payment shall be paid up to December 20, 2014, and the remaining KRW 40 million shall be paid up to February 10, 2015. If C delays the payment of the said amount, the amount unpaid and the amount at a rate of 20% per annum from the day after delay to the day of complete payment shall be paid.

② The Defendant shall pay KRW 10 million out of the money stated in the foregoing paragraph (1) (the amount paid as of December 20, 2014) jointly and severally with C.

B. In accordance with the above conciliation clause, the Plaintiff was paid KRW 10 million from C or the Defendant (the portion paid as of December 20, 2014), but did not receive the remainder of KRW 40 million from C.

C. Meanwhile, on April 19, 2013, the Defendant: (a) set the lease deposit of KRW 150,000,000 from D, Busan East-gu E 202, Busan-dong (hereinafter “instant lease”); (b) around that time, paid the lease deposit to D; (c) on May 30, 2015, the lease contract was terminated upon expiration of the period; and (d) was fully returned from D until June 15, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion is merely a nominal holder of the lease agreement of this case, and since the person who actually concluded the lease contract of this case and paid money is C, C has the right to claim the return of the above lease deposit amount of KRW 150 million to the defendant. Thus, the plaintiff seeks payment of KRW 40 million under the above mediation protocol from among the defendant by subrogation of the debtor C.

3. The judgment of the Defendant is merely a nominal lender of the instant lease agreement, and the above amount of KRW 150 million is C-C.

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