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(영문) 서울중앙지방법원 2015.04.17 2014나16455
대여금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are dismissed, respectively.

2. The total cost of the lawsuit.

Reasons

1. On September 2010, the Plaintiff asserted that he was a member of the Committee on the D Committee of the Dongdaemun-gu Seoul Building, and around September 2010, the Plaintiff received proposals from the Defendant that E would be able to operate the said building 2nd floor (hereinafter referred to as the second floor of the said building 2nd floor) in return for the so-called work expenses, etc. from E, and provided that E would be able to enter into a lease agreement on January 31, 201 with the content that E would lease all the second floor of the building 2nd floor of the Dongdaemun-gu Seoul, and paid KRW 4,00,000 among them to the Defendant.

However, after that, the defendant suspended the interior construction for the business of the above building and allowed a third party to rent and use the second floor of the Dong hall, which eventually prevents E from operating a restaurant in the above building, and the F requires the plaintiff to return KRW 8,000,000 paid to the plaintiff.

Therefore, around the other hand, the defendant was paid KRW 4,00,000 on condition that he would be able to operate the business in the above building on a conclusive basis. Since the above condition has not been fulfilled, the defendant is obligated to return unjust enrichment without any legal cause and pay KRW 4,00,000 to the plaintiff as the return of unjust enrichment. Preliminaryly, the plaintiff and the defendant agreed that the plaintiff would have divided the amount of money received from E so that E would be able to lease the second floor of the above building. Although the agreement was reached between the plaintiff and the defendant, the defendant would not operate the above building, make the plaintiff unable to operate the business in the above building, and the plaintiff would have received a claim for return of the amount of money received from E, and thus the defendant also has the obligation to return the money received from the plaintiff.

2. Considering the overall purport of the statements and arguments set forth in subparagraphs 1 and 4-1 and 2 of the judgment Nos. 1 and 4-2, the Plaintiff arranged upon the request of the Defendant and referred to as the representative of the second floor of Dong-dong, Dong-dong, 201.

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