부당이득금반환
1. The plaintiff (Counterclaim defendant)'s primary claim against the defendant B is dismissed.
2. Defendant (Counterclaim Plaintiff) C:
1. Basic facts
A. Defendant B’s lawsuit 1) The Plaintiff’s lawsuit on September 23, 201 is a coffee shop located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant coffee shop”) operated by Defendant B and his/her company around September 23, 201.
(2) The transfer and takeover agreement (hereinafter “instant transfer and takeover agreement”) providing that all rights to the business and facilities of KRW 265 million shall be deemed to be a contract for the transfer and takeover of the business.
A) Around August 24, 2012, Defendant B concluded a business transfer agreement with the Plaintiff and paid 265 million won in full to Defendant B. (2) Defendant B was charged with summary criminal facts stating that “Although the monthly average sales of the instant coffee shop was merely 15 million won, it would exceed KRW 30 million in monthly average sales to the Plaintiff, Defendant B was charged with the crime that “The Plaintiff entered into the instant business transfer agreement with the Plaintiff and received KRW 265 million in total from the Plaintiff, and acquired it by deception.”
(Seoul East East District Prosecutors' Office 2012 punishment No. 11127, and fine No. 10 million won) 3) The Plaintiff filed a lawsuit against the Defendant B against the Plaintiff seeking payment of KRW 215 million, excluding the amount of KRW 50 million already received by unjust enrichment return on the ground of fraud. The court rendered a judgment that “Defendant B shall receive the instant coffee shop from the Plaintiff at the same time,” and the said judgment became final and conclusive on January 14, 2014 (Seoul Central District Court 201Gahap13284, Seoul High Court 2013Na9156, hereinafter referred to as “instant judgment”).
4) Meanwhile, Defendant C is an attorney-at-law who has filed a lawsuit on behalf of Defendant B in the above lawsuit.
B. For the implementation of the instant judgment for the implementation of the instant judgment, the Plaintiff and the Defendant C’s agent of Defendant B agreed on March 5, 2014 (hereinafter “instant agreement”).
1) Defendant B shall pay KRW 170 million up to March 5, 2014, KRW 25 million up to March 14, 2014, KRW 20 million up to March 31, 2014, KRW 20 million up to March 31, 2014, and KRW 80 million of the instant coffee shop lease deposit. 2) The Plaintiff shall be paid.