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Reasons
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(영문) 인천지방법원부천지원 2020.02.04 2019가단19063
부당이득금
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1. The Defendants each of the KRW 20,000,000 to the Plaintiff and each of them, Defendant B shall be from July 17, 2019 to the Plaintiff, and Defendant C shall be from June 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On December 2018, the Plaintiff was introduced from the Defendants the first floor E of the D Building in Hanam-si (hereinafter “instant building”) in order to operate a pharmacy.

B. On December 6, 2018, with respect to the instant building, the Plaintiff and the Defendants: (a) drafted a “pharmacy consulting service contract” (No. A. 1; hereinafter “instant service contract”) stating the following contents; and (b) thereby, “the instant service contract” (hereinafter “instant service contract”).

Article 3 (Duties of Services, payment method of consulting services, and agreed terms and conditions between the Plaintiff and the Defendant

1. The plaintiff agrees to pay consulting service agency fees to the defendants as follows:

2. The payment method refers to the payment method of consulting service cost determined by mutual agreement among the Defendants at the same time as this contract is established.

- the consulting service cost and the terms of the lease agreement are agreed to be paid at the time of the establishment of the contract (payment of the contract).

- Consulting service costs: Amount of KRW 40 million - at the time of a contract: KRW 20 million - on December 31, 2018 (end day): KRW 20 million;

C. On December 6, 2018, the Plaintiff entered into a sublease contract with F Co., Ltd. (hereinafter “F”), which is a lessee of the instant building, with the effect that the instant building is to be leased at KRW 200 million, KRW 10,000,000,000,000 per month, and KRW 5,000,000,000,000,000,000,000.

Under the instant sub-lease contract, the Plaintiff agreed to pay F the remainder KRW 100 million to F on December 6, 2018, and the intermediate payment of KRW 80 million on December 31, 2018, and the remainder KRW 100 million on January 31, 2019 or the opening date.

On December 31, 2018, the Plaintiff entered into a premium agreement (hereinafter “instant premium agreement”) with G to pay KRW 100 million for the instant building premium to G.

E. The Plaintiff is consulting under the instant service contract.

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