(영문) 의정부지방법원 2017.10.20 2016가합54756

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.10.20 2016가합54756

부당이득금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are the husband of Defendant B, and are the husband of Defendant C, and are operating the “F party headquarters” (hereinafter “instant party headquarters”) located in Jongno-gu Seoul Metropolitan Government E Five Floors (hereinafter “instant real estate”). Defendant B is the owner of the instant party headquarters’s business registration, and Defendant C is the owner of the instant real estate.

The Plaintiff decided to acquire the business rights of the party headquarters of this case from the Defendants.

B. Accordingly, on May 19, 2015, the Plaintiff entered into a contract with Defendant B to acquire a goodwill of the instant party headquarters in KRW 183,000,000 for premium (hereinafter “instant contract for acquisition of the instant goodwill”) and paid all the above premium of KRW 183,00,000 to Defendant B.

C. On June 1, 2015, the Plaintiff entered into a contract to lease the instant real estate from Defendant C with a fixed term of three years from June 2, 2015 to June 1, 2018 (hereinafter “instant lease contract”). On the same day, the Plaintiff paid KRW 100,000,000 for the said lease deposit on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 8-2, the purport of the whole pleadings

2. When entering into a contract for acquisition of the instant goodwill and a lease contract with the Plaintiff, the Defendants deceiving the Plaintiff by suggesting false sales data (a false sales through operation of the POS machine in the instant party Chapter). Such deception is unlawful in violation of the social rules, and is related to the conclusion of each of the above contracts, and thus, the Plaintiff’s contract for acquisition of the instant goodwill and the instant lease contract are revoked.

As a result, Defendant B is obligated to return to each Plaintiff KRW 183,00,000 for premiums, and Defendant C is obligated to return KRW 100,000 for rent deposit to each Plaintiff.

3. According to each description of evidence Nos. 2 through 4, and 7, the Defendants are consulting firms.

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