부당이득금 반환
1. From September 30, 2014 to June 15, 2016, a defendant among the judgment of the first instance, KRW 9,877,796 against the plaintiff and its related costs.
1. Basic facts
A. 1) On June 5, 2007, the Defendant had been operating the 00 million won of the 6th floor of the Daegu Suwon-gu C building from around 5, 2007, and around October 2008, the Plaintiff and the Plaintiff, “The 50:50 equity interest in the business shall be jointly operated, and all the 50:50 equity interest shall be determined, and the Plaintiff shall be paid KRW 200 million to the Defendant” (hereinafter “instant business agreement”).
The Plaintiff entered into a contract. Accordingly, the Plaintiff’s total sum of KRW 3 million on October 7, 2008, KRW 50 million on October 27, 2008, KRW 100 million on November 11, 2008, KRW 200 million on November 4, 2008, and KRW 200 million on December 4, 2008, in the name of the Defendant (E. hereinafter “CF”) designated by the Defendant.
(2) In addition, the Plaintiff and the Defendant agreed to extend the number of members of the Diplomatic Department to the second floor of the C building and to additionally invest KRW 80 million in addition to the total amount of KRW 80 million.
Accordingly, on September 20, 2008, the Plaintiff paid KRW 30 million to C building owner F in the second floor rental deposit, paid KRW 3 million to G in the brokerage commission, and transferred KRW 30 million to the Defendant on September 22, 2008, the extended construction cost, including KRW 3705,50,000, was paid to the Defendant.
On October 7, 2008, the Plaintiff transferred the remainder of KRW 17 million ( KRW 80 million - KRW 63 million) to the Agricultural Cooperative Account.
The Plaintiff and the Defendant completed the procedure for reporting on the change of the establishment of medical institutions with the trade name “D Foreign Medical Center” on October 30, 2008, when the Plaintiff mainly expanded the construction into the investment funds made by the Plaintiff, and changed the size of 15 rooms from “H Medical Center” (hereinafter “H Center”) to “H Medical Center” (hereinafter “H”) and from 15 rooms from 2 stories (C building 2, 6 stories) to 22 rooms from 8 stories (C building 2, 6 stories).
3) The Defendant’s original account of H’s revenue and expenditure (I. hereinafter “the instant CTR account”) with the Defendant’s name.
The Plaintiff and the Defendant used the instant case.