부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, from June 5, 2008 to January 201, 2016, operated a restaurant called “E” (hereinafter “E”) from the former Nanyang-gun D, the Plaintiff became aware of the Defendant B, who is a senior supplier, and the Defendant C, who was the senior supplier, was supplied with the amount of money to be supplied to Defendant B from that time.
On the other hand, from around 2014, the Defendants operated the instant restaurant (hereinafter “instant restaurant”) with the trade name “G” in the Busan-gu F.
From August 2015, the Plaintiff began to discuss in good faith the acquisition of the instant restaurant with the Defendants from around August 2015, and during that process, the Plaintiff visited the instant restaurant with children to directly look at the instant restaurant and received food substitute.
On January 2016, the Plaintiff entered into a verbal agreement with the Defendants to acquire the instant restaurant at KRW 300,000,000 (hereinafter “instant restaurant underwriting agreement”). On or around the 25th day of the same month, the Plaintiff entered into a lease agreement with H, who is the owner of the instant restaurant, to use the instant restaurant as KRW 125,00,000 as lease deposit money and KRW 5,000 as of the instant restaurant from January 29, 2016 to January 28, 2019 (However, from January 1, 2018, KRW 5,500,000 as of January 5, 201).
On January 25, 2016, the Plaintiff paid the Defendants KRW 250,000,000 as the acquisition price of the instant restaurant and the lease deposit, and KRW 19,00,000 as the purchase price of the instant restaurant and the goods unpaid on January 28, 2016.
On January 28, 2016, the Plaintiff and the Defendants settled the Plaintiff’s unpaid acquisition price and E-goods price of KRW 200,000,000, and drafted a notarial deed by setting the due date for payment of the said money as 4% per annum and interest rate as 27 January 2019.
On January 29, 2016, the Plaintiff completed a new business registration for the instant restaurant, and started the business from that time, but failed to achieve sales as expected, and eventually closed the instant restaurant around July 2016.