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(영문) 대전지방법원 2018.02.14 2017가단203906
부당이득금
Text

1. Defendant B’s KRW 150,014,451 as well as 5% per annum from April 4, 2017 to February 14, 2018 to the Plaintiff.

Reasons

Basic Facts

On September 10, 2012, the Plaintiff entered into a lease agreement with D (name E before change) as to the real estate listed in paragraph (1) of the attached Table (hereinafter referred to as “building 1”) listed in the attached Table 1 (hereinafter referred to as “building 1”) with the deposit amount of KRW 30 million, KRW 4.5 million per month, the contract period of the rent of KRW 4.5 million from September 30, 2012 to September 29, 2017, and the lease agreement with respect to the real estate listed in the attached Table 2 (hereinafter referred to as “second building”) as stated in the attached Table 2 (hereinafter referred to as “the attached Table 2”), respectively, and thereafter, entered into a lease agreement with D as between September 30, 2012 and September 29, 2017.

Each of the above lease agreements (hereinafter referred to as "each of the lease agreements in this case") included a special agreement that the Plaintiff, a lessor, consents in advance to sublease by D, a lessee.

D A. On October 16, 2012, between Defendant B and Defendant B entered into a sublease contract with respect to the building No. 1 with a deposit of KRW 200 million, monthly rent of KRW 8.5 million, the contract period from October 31, 2012 to October 30, 2013, and between Defendant B and Defendant B, on November 5, 2012, as to the building No. 2, the sublease contract was concluded between Defendant B and Defendant B with a deposit of KRW 100 million, monthly rent of KRW 500,000,000, and the contract period from November 30, 2012 to November 29, 2013 (hereinafter “each sub-lease contract of this case”). Around that time, the first and the second buildings were delivered to Defendant B.

Defendant B, on February 24, 2016, occupied and used the building Nos. 1 and 2 by transferring the place of business to a third party, either directly or by transferring the place of business to a third party.

D From September 5, 2013 with respect to the first building, and from October 1, 2013 with respect to the second building, D did not pay the Plaintiff the rent for the lease from October 1, 2013, and the Plaintiff’s notice of termination of the lease agreement on the first and second buildings was reached to D August 21, 2014.

In the Daejeon District Court Decision 2014Gahap3859 decided May 29, 2015, the court below held that "D on May 29, 2015, against D, was the first building of the Plaintiff.

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