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1. Defendant (Counterclaim Plaintiff) D: (a) KRW 9,138,500 on the Plaintiff (Counterclaim Defendant) and its related thereto from January 5, 2019 to February 12, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 27, 2014, the Plaintiff leased a commercial building in Gangnam-gu Seoul, Seoul, and from around September of the same year, the Plaintiff operates a food specialty store in Mexico with the trade name “F” in the above building (hereinafter “tension-gu 1 store”).
B. Defendant B was responsible for the main room of the pressure-driven one, and Defendant C and D also performed the duties of Defendant C and D’s heading 1.
C. Defendant B, C, and D opened and operated another Mexico food specialty store (hereinafter “F”) with the trade name “F” in Mapo-gu Seoul Metropolitan Government around May 2017.
[Based on recognition] Each entry of Gap evidence 2 and 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleading
2. Determination on the main claim
A. The plaintiff's assertion 1) The defendants are partners who operate the pressure-making 1, together with the plaintiff. The defendant is obligated to pay the plaintiff KRW 177,223,50,00 as unjust enrichment paid to the plaintiff as unjust enrichment paid without any legal cause. In addition, even if the defendants did not deceiving the plaintiff jointly, the defendant's defendant C is obligated to pay the plaintiff KRW 177,223,50,00 as unjust enrichment paid to the plaintiff as unjust enrichment because it is not used for the operation of pressure-making 1, and it is not recognized that the defendant knew the plaintiff and used the above amount for personal purposes. Thus, even if the defendant knew the plaintiff, the defendant C is not obligated to pay the plaintiff KRW 177,23,50,00 as unjust enrichment paid to the plaintiff. In addition, even if the defendant knew the plaintiff, the defendant C is obligated to return the above KRW 126,911,40, the operating expenses of the pressure-making 1,200, the defendant B is obligated to return the above KRW 7,31305,45.