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(영문) 광주지방법원 2016.03.02 2015가단19167
비품대금반환 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On November 5, 2012, the Plaintiff and the Defendant asserted that the Plaintiff’s claim for restitution according to the termination of the contract is: “The Defendant transferred to the Plaintiff all the rights of the “D” store located in Jeonnam-gun, and transferred the above rights to return the lease deposit to the Plaintiff; the Defendant concluded a contract with the Plaintiff stating that “60,000,000 won in return for the equipment of the Plaintiff, and 50,000,000 won as the lease deposit, shall be paid to the Plaintiff,” and the Defendant did not accept the Plaintiff’s claim for reimbursement from the above 10,000,000,000,000 won on the same day to the Defendant on November 5, 2012, 200, 200,000 won, which was 10,0000,000 won which was paid to the Plaintiff on account of the lack of evidence that the Defendant did not arbitrarily change the Plaintiff’s obligation to return from the Plaintiff’s account to the Plaintiff.

B. The Plaintiff, as to the claim for damages, transfers all equipment, etc. to the victim, although the Defendant cannot transfer the equipment, etc. of the store owner, or transfer the equipment, etc. without changing the name of the store owner.

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