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(영문) 서울동부지방법원 2019.08.16 2019나20810
영업이득금 반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On November 201, 2010, the Plaintiff claimed against the Defendant the amount of KRW 1.5 million in the remainder of the unpaid amount of the successful bid bid for the membership in the first instance trial, and KRW 10 million in the amount received from the successful bid for the membership in the bid, and KRW 4 million in the distribution of credit business. On May 201, 201, the first instance court accepted only the unclaimed amount of KRW 1.5 million in the remainder of the outstanding amount of the successful bid for the membership in the bid and dismissed the remainder of the claim.

This Court's decision is limited to KRW 10,000,000,000 and KRW 4 million,000,000,000,000,000,000 won received from successful bidders around May 201.

2. The plaintiff's assertion and judgment

A. On May 201, 201, the Plaintiff asserted that the Plaintiff shall pay KRW 10 million to the successful bidder who joined the successful bidder around May 201, as the Defendant received KRW 10 million on behalf of the Plaintiff, that the Defendant shall pay the said amount to the Plaintiff, as the Defendant received KRW 10 million from the successful bidder who joined the successful bidder around May 201. (ii) The entries and images of the evidence Nos. 4, 5, 6, 8, 9, and 10 of the said amount; and (iii) the response of each order to submit financial transaction information to the C Co., Ltd., D, E, and F Association by this court, it is insufficient to recognize that the Defendant received KRW 10 million on behalf of the Defendant, as the result of the response of each order to submit financial transaction information to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's above assertion is without merit.

B. As to the claim for operating profits, the Plaintiff: (a) invested KRW 40,00,000 in each of the Defendant’s 100,000,000 to operate a credit business with the Defendant; (b) agreed to distribute the operating profits to Plaintiff 40,000 and Defendant 60%; and (c) the Defendant collected KRW 60,000,000,000, the Defendant should pay the Plaintiff KRW 40,000,00 out of the operating profits; (b) according to each of the written evidence No. 1, the Plaintiff may recognize the fact that the Plaintiff operated the credit business with the trade name of H. However, according to each of the written evidence No. 1, the Plaintiff may be deemed to have operated the credit business with H.

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