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(영문) 서울중앙지방법원 2014.11.13 2012가단351122 (1)
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 20% per annum from December 5, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 2010, the Defendant: (a) upon the request of C to inquire about the person who will take over the right to operate a restaurant at the site of the construction of the complex resort art works (hereinafter “instant construction works”); and (b) upon receipt of the request of C to inquire about the person who will take over the right to operate the instant site restaurant (hereinafter “instant site restaurant operation right”); and (c) delivered a merial paper stating the scale of construction, food, number of construction workers, etc. of the golf course to the Plaintiff, which appears to have been prepared by C.

B. Around April 16, 2010, the Plaintiff, along with the Defendant, sought explanations on the right to operate the instant construction and on-the-spot restaurant in Gangnam-gu Seoul Metropolitan Government Cheongdam-dong, and sought explanations from E in the Frima hotel located in Gangnam-gu, Seoul.

C. The Plaintiff had the intent to acquire the right to operate the instant on-site restaurant and asked the Defendant with the terms and conditions of the contract. In the event that the Defendant concludes a contract to acquire the right to operate the instant restaurant, the Defendant demanded the Plaintiff to pay KRW 45 million as the introduction fee.

On April 17, 2010, the Plaintiff considered that the instant construction will begin around August 2010, from the nives or nives that the amount of money that the Defendant, C, and E agreed to transfer the right to operate the instant field restaurant, and then transferred the down payment of KRW 30 million to the Defendant, and the down payment of KRW 45 million was transferred to the Defendant, respectively.

E. On July 2010, the Plaintiff determined that the instant construction was unable to commence as soon as the end of the amount of money, and demanded the Defendant to assert the invalidity of the brokerage contract and to refund the amount of money for introduction.

F. The amount of money was subject to criminal punishment by deceiving the said down payment of KRW 30 million from the Plaintiff.

[Grounds for recognition] The written evidence Nos. 1 through 7, the result of the Plaintiff’s examination, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant introduced the right to operate the instant field restaurant to the plaintiff and received KRW 45 million from the plaintiff.

The relationship between the plaintiff and the defendant is.

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