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(영문) 부산지방법원 2017.09.14 2016가단315771
부당이득금
Text

1. As to KRW 108,231,674 and KRW 50,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 50,00 from April 29, 2016, KRW 58,231,674.

Reasons

1. Facts of recognition;

A. The defendant is a corporation that engages in franchise business under the trade name of "C".

B. The Plaintiff entered into a total of two franchise agreements with the Defendant (hereinafter collectively referred to as “instant franchise agreement”) as follows:

1) On May 2015, the Plaintiff is a “C” franchise store (hereinafter referred to as “F store”) with the Defendant and the E store located in Busan Dong-gu, Busan.

(2) On July 2015, the Plaintiff entered into a franchise agreement with the Defendant to sell and operate the “C” franchise store (hereinafter “I”) at the H point located in Suwon-si, Suwon-si, and paid KRW 143,00,000 to the Defendant regarding I points.

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 5 and 7, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff paid a total of KRW 290 million to the Defendant under the instant franchise agreement (i.e., the F point of KRW 1550,62 million (i.e., KRW 143 million).

Of them, the money paid by the Plaintiff as the interior cost amounting to KRW 238.7 million (i.e., KRW 117.7 billion (i.e., KRW 12.121 million). In fact, the interior cost amounting to KRW 66,968,326 (i.e., KRW 15,608,802 (i.e., KRW 51,359,524). As such, the difference is KRW 171,731,674 (= KRW 238.7 million – KRW 666,968,326).

The Plaintiff trusted that the said money paid as expenses will be computed and reverted in accordance with the standards set forth in the franchise agreement and the franchise disclosure statement.

However, the defendant did not inform even after the conclusion of the instant franchise agreement of whether the test cost was calculated for a long time, and argued that the above KRW 299 million was not paid for each item but paid for a total amount without distinguishing items.

Based on the following selective grounds, the Plaintiff seeks payment of the money stated in the purport of the claim.

(1) The defendant shall file a claim for restitution of unjust enrichment.

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