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(영문) 대전지방법원 2015.01.08 2014가단12239
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 12, 2013, the Plaintiff, from the Defendants, decided to take over the “Emarket” (hereinafter “instant store”) under the Jung-gu Daejeon District D apartment2 shopping complex underground 1-6, Jung-gu, Daejeon, which the Defendants leased and operated jointly. The acquisition price was determined as KRW 235 million (including two vehicles and facility house units), the product price of KRW 200 million, and the lease deposit for the instant store at KRW 65 million. On the same day, the Plaintiff paid KRW 20 million as the down payment to the Defendants.

B. On July 16, 2013, the Plaintiff paid 100 million won to the Defendants as the first intermediate payment, and the Plaintiff started its business at the instant store in the name of F, the Plaintiff’s wife.

C. Around that time, the Plaintiff and the Defendants: (a) included the refund amount of KRW 30 million (30 million, which is equivalent to KRW 100,000,000,000,000,000,000,0000,0000,000,0000,0000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00) were paid by the Defendants.

After all, the Plaintiff paid total of KRW 300 million to the Defendants as the purchase price of the instant store by paying a total of KRW 420 million (= KRW 100 million KRW 20 million).

E. Meanwhile, on July 19, 2013, the Defendants initially from the said agency.

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