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(영문) 서울고등법원 2017.08.24 2017나2011382
영업보증금반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons stated in this part of the basic facts are as stated in the part of '1. Basic Facts' from 8th to 3th 4th of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1) The primary cause of the claim entered into the instant arrangement with the Defendant to pay a certain portion of the sales price of souvenirs to the Defendant if the Defendant arranged foreign tourists in the Plaintiff’s tourist souvenir store and made transactions with the Defendant, and upon the Defendant’s request, the Plaintiff paid advance payment fees to the Defendant several times. At the Defendant’s request, “The payment of advance payment fees to the Defendant for the business of the Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pison Pis on July 7, 2015. However, the instant arrangement was terminated from August 23, 2015, and the Defendant is obligated to return the issues that the Plaintiff paid as advance payment fees to the Defendant, even if the key amount of the conjunctive cause of the claim is not advance payment fees.”

As there is a disagreement with the intent on the important part, the payment agreement is not established or null and void. Ultimately, the defendant gains a profit by receiving the key money from the plaintiff without any legal cause, and thereby causes damage to the plaintiff. Thus, the defendant is obligated to return the key money to the plaintiff as unjust enrichment. (B) Even if the key money is not a advance payment fee, the plaintiff considers it as an advance payment fee against the defendant.

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