(영문) 서울서부지방법원 2020.10.29 2020가합32848

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(영문) 서울서부지방법원 2020.10.29 2020가합32848

부당이득금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company that operates a restaurant under the trade name of "D" or engages in franchise business related thereto.

Around December 2016, the Defendant proposed that “D” restaurant (hereinafter “instant restaurant”) be located on the first floor of H facilities leased by “E” (hereinafter “E”) from “E, regardless of whether it was before or after the mutual change.” Around December 30, 2016, the Defendant proposed that “D” restaurant be located on the first floor of H facilities leased by “E” (hereinafter “instant restaurant”).

B. On March 8, 2017, the Defendant proposed an investment to the Plaintiff B by sending the data related to the instant restaurant [location, size (as approximately 30 square meters), management expenses, deposit (as KRW 500 million), sublease (as 30% of sales, the minimum amount of KRW 50 million), interior and household, office fixtures, etc. (as for KRW 199,400,000, value added tax), estimated sales and operating profits estimated].

(Provided, however, unlike the above data, the sub-lease was changed from 30% to 25%, the size of the sub-lease was increased to 10 square meters, and the increase in the 3 million won per square year is anticipated, and the deposit was delivered together with the opinion that it is in consultation with the lessor.

On April 21, 2017, the Plaintiffs and the Defendant concluded a “DI Point Investment Contract” (hereinafter “instant investment contract”) with the following content.

The purpose of this investment contract is to confirm/recognize and clarify the contract between the defendant and the plaintiffs as the pre-contractual terms before the contract is made.

1. This Agreement refers to the cost of installation, such as the interior and furniture, and the office of the instant restaurant, in the form of an investment contract (230 million won).

This is referred only to as "open cost".

The excessive security deposit shall be borne by each party.

2. Open costs shall be deposited to the Defendant on the date designated by the Defendant after the lease contract with the Defendant and E, and the deposit shall be paid to the Defendant not later than a week prior to the lease contract.

3. The interior of DI stores (the restaurant in this case), hardware and business office equipment, etc.

유사 판례

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