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(영문) 인천지방법원부천지원 2016.10.14 2015가합102759

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. On April 12, 2004, the Defendant and C agreed from E to jointly operate the lease deposit and to jointly distribute the profits and losses incurred from the operation by setting the lease deposit amount of KRW 1 billion, the lease deposit amount of KRW 300,000,000 from April 30, 2004 to April 30, 2006, and the lease deposit amount of KRW 22,00,000,000 from April 30, 2006.

B. The business relationship between the plaintiff and the defendant (1)

From the time when the lease agreement entered into a port was renewed on March 2, 2011, H (the Plaintiff’s wife) acquired the ownership of the instant her mother from E was returned KRW 500 million to C until August 31, 2011, and the Plaintiff agreed to jointly operate the instant her mother with the Defendant from September 1, 201 to March 15, 2012, and jointly distribute profits and losses arising from the operation of the instant her mother.

(2) Under the instant trade agreement, the Plaintiff and the Defendant leased the instant franchise from H on April 16, 201, setting the lease deposit amount of KRW 1 billion, from March 15, 2011 to March 15, 2012, from March 15, 2011, and KRW 20 million per month of rent.

(hereinafter “instant lease agreement”). C.

The Defendant, on February 13, 2012, sent a notice to H that “The instant lease contract was terminated on or after March 15, 2012 when the term of the lease contract expires, and that “the repayment of the lease deposit was made on or before March 15, 2012.” On March 26, 2012, the Defendant is scheduled to proceed with legal procedures by failing to refund the lease deposit KRW 500 million on or before March 15, 2012, and not pay KRW 10 million equivalent to the Defendant’s share until the deposit is refunded.

‘Written Notification' sent a notice. D.

(1) The payment of the lease deposit between the Plaintiff and H, etc. (1) I and J shall be made from H on October 1, 2014.