부당이득금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 11,552,00 to the Plaintiff (Counterclaim Defendant) and the amount from December 19, 2012 to November 7, 2014.
A principal lawsuit or counterclaim shall be deemed to be a same.
1. Facts of recognition;
A. From May 201, the Defendant had been operating a adult amusement room from Daegu Dong-gu to D and the same as D from May 201, and the relationship between D was terminated, the Plaintiff and the entertainment room was to be operated as a partnership around July 201.
B. On July 15, 201, the Plaintiff remitted the amount of KRW 20 million to the Defendant under the name of the wife E, who is the wife, on the 20th of the same month, remitted the amount of KRW 40 million to the F designated by the Defendant on the 20th of the same month, and wired the amount of KRW 35 million to the Defendant on the 21st of the same month, and, on August 23, 2011, remitted the amount of KRW 1 million to the Defendant on the 200 million, and paid KRW 2 million in cash to the Defendant. At the time, the Plaintiff and the Defendant set their respective shares at KRW 50:50 in operating the amusement room.
C. On August 201, the Plaintiff and the Defendant started operating the said G entertainment room (hereinafter “G entertainment room”) with the trade name of the G game room in Daegu-si, Daegu-si (hereinafter “Seoul-si”), and operated the entertainment room (hereinafter “H entertainment room”) by around September 201, the Plaintiff and the Defendant transferred the said G entertainment room to Seo-gu, Daegu-si, Daegu-si, to H around March 201.
On the other hand, while moving a entertainment room to H, the defendant argued to the effect that I additionally invested 50 million won in order to operate the H entertainment room, and that I's shares should be recognized. From September 201, the plaintiff and the defendant set their shares at the rate of 35%, Defendant, and 130% in operating the G entertainment room.
E. After that, during the period from September 201 to February 2, 2012, the Plaintiff received a total of KRW 17,506,000 as revenue, and the Defendant received a dividend of KRW 17,506,000, and the Defendant received a dividend of KRW 15,754,000 distributed under the name of I. The Defendant received a dividend of KRW 15,754,00.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Gap evidence 7-1 to 4, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's main claim and the defendant's living together with the amusement room.