부당이득금
1. The Plaintiff (Counterclaim Defendant) paid KRW 3,626,064 to the Defendant (Counterclaim Plaintiff) and its related amount from August 24, 2016 to October 11, 2016.
1. Basic facts
A. Business transfer contract between the Plaintiff and the Defendant 1) The Plaintiff is a music private teaching institute (hereinafter “the instant music private teaching institute”) with the trade name “D” on the second floor of the building located in Ulsan-gun, Ulsan-gun.
(2) On February 17, 2013, the Plaintiff transferred to the Defendant a total of KRW 18 million business pertaining to the instant music institute.
(3) On February 18, 2013, the Defendant received delivery from the Plaintiff of the instant music institute and operated the instant music institute. Around February 18, 2013, the Plaintiff paid only KRW 8 million out of the purchase price of KRW 18 million under the instant contract for the transfer of business. (4) The Plaintiff and the Defendant agreed that the Plaintiff, from February 28, 2013, deducted from the original students of the instant music institute, the amount remaining after deducting from the operation cost of the private teaching institute.
B. 1) The Plaintiff filed a lawsuit against the Defendant for the payment of the unpaid transfer price of KRW 6.9 million under the instant business transfer agreement with the Ulsan District Court 2014Gada8922, and the said court rendered a judgment in favor of the Plaintiff on July 1, 2014. 2) The Defendant filed an appeal against the said judgment. The Plaintiff filed a counterclaim for the payment of consolation money of KRW 20 million by asserting that the Plaintiff infringed upon the instant music Institute and stolen leno, etc. and committed a tort in violation of the duty of prohibition of competition.
3) On April 20, 2016, the above appellate court determined that the Plaintiff left 5,747,870 won for the transfer price to be paid by the Defendant, and accepted part of the Defendant’s appeal, but sentenced that the Defendant’s counterclaim was dismissed. 4) The Plaintiff and the Defendant did not file an appeal against the above appellate judgment, which became final and conclusive as they were.
hereinafter the above-related civil litigation is referred to as "civil litigation related to this case".
[Ground for recognition] A.