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(영문) 대구지방법원 2014.05.01 2013가단27609

손해배상(기)등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. In June 201, the Plaintiff and the Defendant agreed to operate a restaurant as a partnership business, while the Plaintiff bears the deposit for commercial buildings leased by the Plaintiff for the operation of the restaurant, and the deposit was paid by the Defendant from the proceeds of the operation of the instant restaurant.

B. Around that time, the Plaintiff and the Defendant leased the first floor commercial building in Daegu-gu, as its owner’s deposit of KRW 20 million, monthly rent of KRW 1.8 million, and thereafter, the Defendant operated a restaurant under the name of “D” from June 15, 201 to March 201, and closed down the business as of March 1, 2012.

C. However, even though the Defendant did not pay the monthly rent, the Defendant did not pay the rent of KRW 16,962,860 in arrears from the above lease deposit, and the Defendant did not pay the rent of KRW 526,60 and the gas fee of KRW 110,00,00, telephone and water purifiers, KRW 770,00, and KRW 349,960 on behalf of the Plaintiff.

As can be seen, the Defendant did not pay the monthly rent and the electric utility fee, etc. to be paid by the Plaintiff, thereby unjust enrichment of KRW 18,369,460 in total, each of the above amounts, and thus, shall be refunded to the Plaintiff.

2. Therefore, according to the Plaintiff’s assertion, the Defendant paid monthly rent, etc. from the profits of the above restaurant. There is no evidence to prove that the profits of the restaurant of this case were generated, and there is no evidence to prove that the Defendant agreed to pay the above expenses at the time of the agreement on the operation of the restaurant of this case.

Therefore, the plaintiff's claim of this case based on the premise that the defendant is liable to pay it is without merit.

3. The plaintiff's claim of this case is dismissed. It is so decided as per Disposition.