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(영문) 서울중앙지방법원 2017.07.18 2016가단5031742
부당이득금
Text

1. The Defendant’s KRW 46,489,083 as well as the Plaintiff’s annual rate of 5% from April 9, 2016 to July 18, 2017.

Reasons

1. Basic facts

A. From February 2011 to August 2015, the Plaintiff and the Defendant entered into a partnership agreement with the Seoul Gangnam-gu Seoul apartment and 303 (hereinafter “instant apartment”) with the view to jointly operating the public book room in a way in which the Plaintiff is in charge of managing students, and the Defendant entered into a partnership agreement with the public book room in the way of managing students, etc.

(hereinafter referred to as the “instant trade agreement”). (b)

The tuition fee shall be KRW 600,000 per student as of 8 weeks, and the revenue was determined to be distributed to the plaintiff 6 and the defendant 4.

C. From December 28, 201 to January 27, 2012, 201, the Plaintiff opened a campaign to teach students in English, etc. in Canadian Docoober on eight occasions by using Saturdays, Sundays, annual leave, etc., and opened an educational camp to teach students.

【Ground for recognition】 There is no dispute

2. The assertion and judgment

A. Plaintiff 1) The Plaintiff’s tuition fee and school camp (i.e., school tuition fee from February 201 to August 2011 between the Defendant and the tuition fee for school tuition from February 2011 to August 2011, and the amount that the Plaintiff is required to receive from the Defendant is KRW 5,513,596. Since the Defendant paid KRW 2,42,418 among them to the Plaintiff, the remainder of KRW 3,071,178 should be paid to the Plaintiff.

D. The Defendant received KRW 4,00,00 from September 201 to August 2015, 201 as KRW 336,201,201,10,000, in addition to the above amounts, the Defendant received KRW 4,00,00,00 in cash from September 20, 201 to December 201, the total income is KRW 340,20,00,00, inasmuch as the said amount is also included in the income, the amount deposited to the Plaintiff is KRW 87,650,00,00, and the amount deposited to the Defendant is KRW 252,51,100,00, in the amount deposited to the Defendant.

② During the above period, the expenses that the Plaintiff spent are KRW 27,702,520. The details thereof are as follows.

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