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(영문) 서울고등법원 2019.09.26 2019나2003132
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the judgment on the allegations added by the plaintiff in this court is 3.B.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except any addition to the last part of the paragraph.

The "2,499,00,000 won" at the bottom of 2 pages shall be 2,499,00,000 won.

6. The “justifiable entry” of one page shall be regarded as “justifiable expectations”.

The 9th 5th 6th 5th 5th 6th 6th 7th 7th 6th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 199.

2. Additional determination

A. The plaintiff's gist of the plaintiff's assertion is that the defendant, as the plaintiff had transferred the name of the owner of the hotel of this case from the plaintiff and did not pay the plaintiff the benefit in return. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff the amount equivalent to the expenses incurred before and after the change of the name of the owner of this case as unjust enrichment or office management

B. As to the claim of unjust enrichment 1, around January 4, 2016, the owner of the instant hotel changed from the Plaintiff to the Defendant. On March 23, 2016, the Plaintiff prepared a memorandum of understanding with the Defendant that, in order to promote the new hotel construction business of the instant case, the Defendant and the Defendant would provide business support and technical guidance and that the Defendant would be provided with the right to entrust the said hotel for at least five years. On June 2017, the Defendant suspended the new hotel construction business of the instant case and did not start the said hotel. The Plaintiff received the design service contract entered into with G and J for the new hotel construction of the instant hotel before and after the change of the owner’s name.

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