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(영문) 서울중앙지방법원 2017.12.06 2016가단105556

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. The Defendant, a company running the Ansan-Tech retail business, etc., was engaged in the Ansan-gu franchising business with the business mark called “Luxembourg options,” and around September 201, the Defendant sought to establish a d store (hereinafter “instant store”) from part 32.6 square meters (per 16.3 square meters) of the 4th floor of the store located in Gangseo-gu Seoul, Gangseo-gu, Seoul. Accordingly, the Defendant leased the instant store at KRW 40 million, monthly rent of KRW 30 million, monthly rent of KRW 40 million.

B. The Defendant asked E with an optician’s license to register the instant store with the trade name “Luxembourg options”, which is the Defendant’s business mark, and accordingly, E has completed the business registration as above on September 28, 201, and the Defendant bears the expenses for the interior, optical semester, computer equipment, etc. of the instant store.

C. On October 31, 201, the Plaintiff: (a) received the instant store under the name of the Plaintiff’s proprietor with an optician’s license, and (b) agreed that the Plaintiff would have 50,000,000 won in the instant store’s share of 50%, and 300,000,000 won in the instant store’s share of “Luxembourg options” in the instant agreement (hereinafter “instant club agreement”); (c) under the instant agreement, the acquisition price of the instant store was KRW 286,028,923 in total premium of the instant store; and (d) calculated that G supplied the goods to the instant store with an optician’s share of KRW 300,00,00 in the instant store.

According to the instant business agreement, the Plaintiff remitted KRW 50,000,000 to G on October 31, 201, and KRW 250,000,000 in total, on November 2, 2011, pursuant to the instant business agreement.

E. On October 31, 2011, the Plaintiff (the actual act appears to have been conducted in the name of the Plaintiff) entered into a “Luxembourg franchise agreement” with the Defendant, and between E and the Defendant on November 2, 2011, the Plaintiff entered into the instant store from E.