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(영문) 대구지방법원 2016.07.21 2016가합200730
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is 2013

9. Around 26.26. D, the agreement was rescinded to transfer all the facilities and goodwill of the E-in coffee store F (hereinafter “instant store”) to KRW 330,000,000,000,000,000,000.

B. On November 7, 2013, the Plaintiff concluded a contract with D to transfer the entire facility and business rights of the instant store in KRW 30 million to KRW 30 million, and D transferred the Plaintiff KRW 10 million on the date of the contract, and KRW 20 million on the August of the same month, respectively, to the contract deposit, but the remainder was not paid.

C. After having decided to cancel the agreement with D on November 7, 2013, the Plaintiff: (a) decided to transfer all the facilities and operating rights of the instant store to Defendant B and D on December 11, 2013; (b) decided to pay KRW 230 million among them to Defendant B and D for KRW 115 million, half of which the Plaintiff paid to the owner of the building; and (c) the remaining KRW 100,000,000,000,000 to be paid to the Plaintiff; (d) Defendant B paid KRW 60,000 on the date of the contract, and KRW 50,000,000 as part payment on December 31, 2013; and (e) paid KRW 15,000,000 to the Plaintiff on the date of the contract, and each of the remaining KRW 15,000,000,000,000,000,000 to the Plaintiff.

Defendant B paid the Plaintiff the down payment of KRW 60 million on the day of the above contract, but D paid only KRW 30 million to the Plaintiff, unlike the above agreement.

E. When Defendant B became aware that only KRW 30 million out of the above acquisition price of KRW 115 million was paid and that the remainder was not paid, Defendant B promised to the Plaintiff.

F. Accordingly, the Plaintiff rescinded the agreement with Defendant B and D on December 24, 2013.

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