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(영문) 수원지방법원안양지원 2015.04.09 2014가합103317
부당이득금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from August 2, 2014 to the day of complete payment.

Reasons

The defendant, who is the representative director of C (hereinafter referred to as "C") requested D to the effect that "F" (hereinafter referred to as "F") that is scheduled to be newly built in the Gu E during the period of Ansan-si (hereinafter referred to as "instant commercial building"), "one hospital is clearly located in the instant commercial building, and the remainder of one hospital is scheduled to move into a pharmacy sales contract, so it is possible to find out the person who entered into a pharmacy sales contract."

The Plaintiff was placed in the instant commercial building through D, etc. while studying the store for the establishment of a pharmacy. On November 201, 201, the Defendant explained to the Plaintiff that “The head of the Lee Jae-in and the head of the kindergarten concluded the instant commercial building 303 types of business with Lee Jae-in and the head of the kindergarten as the types of business have been set up and entered into a contract with Lee Jae-in, thus scheduled to move-in and move-in in the instant commercial building and expected to move-in and move-in, and that a child and a member will also move-out,” and demanded to pay KRW 150,000 for the premium in addition

Accordingly, the Plaintiff believed that the instant shopping mall will move in and move in and move in and move in, and concluded a contract to sell the sales price of C and the instant shopping mall No. 104 (hereinafter “instant store”) on November 18, 201 with a pharmacy as a pharmacy, and concluded a contract with a special agreement that “I will not sell the instant store to a pharmacy other than the instant store.” In addition, the Plaintiff paid the premium upon the Defendant’s request to pay the premium (hereinafter “instant premium agreement”) in the account of G Co., Ltd. (hereinafter “Nonindicted Company”), the actual representative of which is the Defendant, deposited KRW 150,000,000 for the premium.

At the time, the Defendant concluded a consulting agreement on the establishment of a store with the content that “if the Plaintiff requests the non-party company to color a place for the establishment of a pharmacy and the contract for the establishment of a store is to be made by the non-party company, 150,000,000 won shall be paid immediately with the consulting fee” (A evidence 2; hereinafter “instant agreement”).

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