부당이득금반환
1. From August 19, 2009 to June 15, 2016, the defendant among the judgment of the first instance, KRW 18,078,920 against the plaintiff and its related costs.
1. Basic facts
A. From June 5, 2007, the Defendant entered into an agreement on the same business (hereinafter “instant agreement”) with the Plaintiff and the Plaintiff around October 2008, stating that “D Council members shall be jointly operated, but the share in the business shall be determined at 50:50, and all the responsibility and the distribution of profits regarding the business shall be in accordance with the equity ratio, and that the Plaintiff shall pay KRW 200,000 to the Defendant by evaluating the value of D as KRW 400,000,000.”
Accordingly, on October 7, 2008, the Plaintiff transferred total of KRW 3 million, KRW 50 million on October 27, 2008, KRW 100 million on November 1, 2008, KRW 200 million on November 11, 2008, and KRW 47 million on November 12, 2008, to the Agricultural Cooperative Account in the name of the Defendant designated by the Defendant (E. hereinafter “CF Account”).
B. In addition, the Plaintiff and the Defendant agreed to expand the DNA Won to the second floor of C building and to make an additional investment 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 the change of the establishment of medical institutions with the trade name “D Council members” on October 30, 2008, when the Plaintiff mainly performed the construction project with the investment funds contributed by the Plaintiff, changing the scale of 15 rooms from “H Council members” to “H Council members” (hereinafter “H Council members”), and from 15 rooms from 2 floors (C building 2, 6 floors), into 8 rooms and 22 rooms.
C. The Defendant originally used the Cit Bank account in the name of the Defendant (I. hereinafter “Cit Bank account”) with H’s revenue and expenditure account. The Plaintiff and the Defendant began the joint operation of H’s source based on the instant business agreement. < Amended by Presidential Decree No. 21135, Nov. 1, 2008>