부당이득반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a corporation that runs the business of processing and selling ginseng products, and the Plaintiff is a corporation that runs the ginseng product distribution business and the ginseng wholesale and retail business.
B. Around July 2013, C entered into a trade agreement with a limited liability company D (hereinafter “D”) to jointly operate a ginseng product sales outlet in the real estate listed in the attached list (hereinafter “instant real estate”) (hereinafter “the instant real estate”) (hereinafter “the first trade agreement”).
C. C and D jointly established the Plaintiff on August 16, 2013 in accordance with the first business agreement, and as the representative director of the Plaintiff, C and D appointed E and D as F. The Plaintiff sold ginseng products supplied by C against Chinese tourists, etc. recruited D.
From January 2014, conflicts have occurred between C and D with respect to the first resort business contract and the operation of the plaintiff, and C and D notified D of the termination of the pertinent business contract, and C and D jointly operate the ginseng sales store in the trade name of "G" from the instant real estate on March 7, 2014.
(A) The main content of the instant agreement is as follows:
1. C
2. E as joint and several sureties;
1. D;
2. H as joint and several sureties:
2. 1) G is operated and owned jointly by A and B. Not only in the purchase cost of land and buildings, but also in the proportion of Gap and Eul 5:5. However, the total purchase cost of buildings or land and the construction cost and the installation cost of the house shall be borne by Gap, and the 250,000,000,000,000 shall be preferentially divided, and the difference between Eul and Eul shall be borne by Eul according to its equity ratio shall be deducted from the shares of Eul in the proceeds from G operation, first of all in the proportion of Gap 7 and Eul 3.
4. A’s financial costs for excess investments and Gap’s loans as security for G buildings.