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(영문) 의정부지방법원 2018.07.06 2017가단131400
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted from May 1, 2017, operated a restaurant with the trade name “D” in the building C in both the Defendant and the Yangju-si, as a partnership business. Since the contract was cancelled on or around June 25, 2017, the Defendant is obligated to pay the Plaintiff the settlement amount due to the termination of the partnership business (the facility cost installed by the Plaintiff in the restaurant), KRW 79,114,500, and KRW 89,114,500,000, and delay damages for the aforementioned amount.

2. The statement of evidence Nos. 1-1-6 alone is insufficient to acknowledge that the Plaintiff entered into a partnership agreement with the Defendant. Since there is no other evidence to acknowledge this, the Plaintiff’s above assertion is without merit without further review.

Rather, according to the evidence Nos. 1, 6, and 9, the fact that E leased and operated the above building from F on March 27, 2017, and the defendant served as the representative director of E from April 19, 2017 to January 30, 2018 is only recognized.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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