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(영문) 수원지방법원 2017.04.11 2016가단518280

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, from September 2009, operated the skin management store with the trade name “D” located in Suwon-si, Suwon-si, the Defendant became aware of the Plaintiff while supplying cosmetics to the skin management store from around 2012 as a business employee of the cosmetics company.

B. On April 20, 2015, the Plaintiff and the Defendant concluded a contract for the transfer and acquisition of rights (hereinafter “instant contract”) with respect to the business of the instant secondary management store as follows.

Article 1 of the terms of the contract for the transfer of rights (including facility costs):70,000,000 won, the transferee shall pay to the transferor the amount of the right of the movable property indicated above as follows:

The down payment of KRW 70 million shall be paid and received at the time of the contract. The second transferor shall remove all matters impeding the exercise of the right of lease and shall hand over all facilities including all facilities so that the transferee may conduct business immediately at the time of the receipt of the balance.

Article 3 Ownership of the proceeds accruing from the collection of fixtures, facilities, business rights and real estate and charges, such as taxes and public charges, shall be reverted to the transferor until the preceding day as of the date of delivery of the said real estate, and the subsequent charges shall be reverted to the transferee, respectively.

(a) REITITITITITITITITIT. - Special provisions - It shall consult with each other in all the goods existing in a store and the business collection costs.

C. The Defendant, for a period of up to two months from the date of the contract of this case, worked at the skin management store of this case and tried to operate the Plaintiff.

In the event that the customer has agreed to undergo secondary management more than a certain number of times, the sales have occurred in advance due to the advance payment of the management price, and subsequent management has to be provided without receiving any payment, and as a result, the Plaintiff should provide the management service without receiving the payment from the customer at the time of acquisition of the secondary management point.