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(영문) 서울중앙지방법원 2021.03.18 2017가단5188003
부당이득금
Text

1. The plaintiff's primary conjunctive claim is all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 11, 2017, the Plaintiff entered into a business transfer agreement (hereinafter “instant contract”) with the content that the Plaintiff takes over KRW 58,000,00 from the Defendant the business of a business entity under the mutual supervision of “C” (hereinafter “D”) that is a consulting company for business start-up (hereinafter “mediation company”) for KRW 58,00,00,00.

At the time of the instant contract, the Defendant offered sales data at the request of the intermediary company. The said contract is based on a special agreement, and the Defendant is fully liable if there is any falsity in sales data, and ② the refund of member rights up to the time is held liable for the refund of money that occurred within the grace period of 15 days after the change of the name of the lease contract. ③ In the event of the nonperformance of the said special agreement, the Defendant agreed to reimburse the amount equivalent to 50% of the premium.

Meanwhile, the phrase “sales confirmation” prepared along with the instant contract is stipulated under the agreement that “where the sales data provided by the transferor and materials corresponding thereto are falsely revealed, the premium shall be refunded and all damages incurred therefrom shall be compensated.”

2) After entering into the contract for the transfer of the above business, the Plaintiff succeeded to the lessee’s status of the above business establishment, and determined the business facilities, such as cosmetics, and the house fixtures from the Defendant as KRW 23,00,000.

The Plaintiff paid the total amount of KRW 81,000,000,000 in total for the sales price and the facility purchase price, and started business around that time.

3) Meanwhile, at the time of the instant contract, the Defendant acquired the instant business entity from E, a former business entity, on February 2017, and on February 2017 and the same month.

3. It was too serious that two months were operated.

B. The Plaintiff provided sales data as sales data according to the demand of the intermediary company during the instant contract process, and provided the details of card sales provided by the broker company F Co., Ltd. (VN) as sales data.

In addition to the sales data, the plaintiff or intermediary company shall directly pay the defendant the sales net profit, such as expenses.

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