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(영문) 광주지방법원 2016.04.28 2014가합63621

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,041,221 to the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2013 to April 28, 2016.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On December 2009, the Plaintiff entered into a contract with the Defendant with respect to the non- full-time management office of the trade name, “DB clinic” to be operated in Gwangju Seo-gu (hereinafter “instant non-life management office”), and entered into a contract with the following language (hereinafter “instant contract”).

(1) For the case of contract D (2), deposit shall be 5 (Defendant).

(2) 7 (Plaintiffs): 3 (Defendants) the expenses for interior medicine and other incidental expenses.

(3) Sales shall be 6: 4.

This matter shall not be changed and shall be deemed five years for the term of the contract.

Customers carried over to each other shall be 20%.

will be able to change the matter.

D Heading Plaintiff

B. The Plaintiff’s opening and operation 1) purchase costs, such as lease deposit, key money, artificial park expenses, and machinery used for business, office fixtures, cosmetics, expendable goods, etc. (hereinafter “instant opening costs”) to be borne by the Plaintiff in accordance with the terms and conditions stipulated in the instant contract.

For expenditure, the Defendant first paid KRW 100,000,000 to the Defendant. 2) On December 24, 2009, the Defendant entered into a lease agreement with the original Defendant by setting the lease deposit amount of KRW 20,000,000, monthly rent, KRW 1,400,000 for the first floor of the building located in Gwangju Seo-gu, and KRW 20,000,000 for the term of lease from December 24, 2009 to December 24, 2010.

3) Thereafter, the Defendant’s misinception management office of this case to F (hereinafter “the instant interior work”) for operating the Defendant’s misincation management office.

B. On the other hand, from January 5, 2010 to January 20, 2010, the construction is completed, and machinery, office fixtures, cosmetics, expendable goods, etc. used for business are purchased, and the instant rain control room is established.