부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 20,988,038 to the Plaintiff (Counterclaim Defendant) and its related amount from January 28, 2016 to June 15, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendant and C (hereinafter referred to as the “Defendant, etc.”) entered into an agency contract with Hyundai Motor Co., Ltd. in the name of the Defendant (hereinafter “Modern Motor”) and jointly operated the Hyundai Motor E Agency (hereinafter “instant agency”) in Dongdaemun-gu Seoul from October 2001 to October 2001.
B. On April 11, 201, the Plaintiff, the Defendant, etc. concluded a transfer agreement on the instant agency on April 11, 201, and concluded a transfer agreement on July 19, 201 by embodying the said content of the contract.
C. The main contents of the transfer contract of this case are as follows.
① The Plaintiff takes over the Defendant’s business place and the name of the business operator as of August 1, 201, and the Plaintiff’s business name as of August 1, 201 may run the place of business under the Defendant’s name when the time of change of the name of the harsh business operator is coming. The Defendant, etc.
The Plaintiff paid KRW 55 million to the Defendant, etc., and agreed to pay the premium of KRW 13 million in monthly installments after consultation with the Defendant, etc. in light of the Plaintiff’s circumstances. If the difference between the rent and the premium occurs, the Defendant shall pay the difference to the Plaintiff and deduct it from the fee of the Defendant, etc. if the Defendant fails to pay the difference.
(2) Where the change of business name from the defendant, etc. takes place, C shall cooperate in the business of modern automobiles to prevent difficulties in the operation of the plaintiff's place of business.
③ The Plaintiff provided rent, premium, and security, but the Defendant, etc. cannot recover the security from the modern automobile before the change of the name of the business entity and thereafter the name of the business entity has been changed.
(4)
8. 1. After the plaintiff's operation of the place of business, the defendant must actively cooperate with the business, such as the Hyundai Motor Meeting before the change of name, and the defendant's non- cooperation.