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(영문) 서울북부지방법원 2018.09.04 2017나38257
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 1, 2008, the Plaintiff, a person with an optician’s license, worked at an optician store for several years, and registered as a joint business proprietor on October 1, 2008 with the Defendant, who is one-gu, and agreed to allocate half of the profits in operating a optician store at the first floor of Seoul Seocho-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant optician store”).

B. The Defendant presented to the Plaintiff a right sales contract and lease contract stating the acquisition price of the instant rent of KRW 175,00,000 including KRW 30,000,000 (including KRW 5,150,000,000 including monthly rent of KRW 50,000,000 including value added tax), which is KRW 220,000 including the acquisition price of the right, and the lease deposit of KRW 50,000 including KRW 50,00.

C. The Plaintiff and the Defendant opened a deposit account in their respective names and used it as a public fund account for the store in this case. On September 16, 2008, the Plaintiff remitted KRW 50,000,000 to the public fund account under the Defendant’s name.

around October 2008, the Plaintiff and the Defendant commenced the instant warning store business.

E. From February 2009, the Plaintiff raised a dispute between the original Defendant and the original Defendant regarding the embezzlement of the Defendant’s profits and the forgery of the above right sales contract and the lease contract.

F. Around June 17, 2009, the Defendant sent a content-certified mail to the Plaintiff, demanding the Plaintiff to return the money that the Plaintiff received from public funds and pay unpaid rents, and notifying the Plaintiff of the closure and voluntary disposal of the safe points of this case.

On September 26, 2009, the Defendant transferred the instant safe point to G around 140,000 won for the premium of KRW 140,00,00 without any doubt with the Plaintiff, and received KRW 20,456,452 from the building owner of the instant safe point after deducting the overdue rent from the lease deposit, and suspended his business on October 14, 2009.

(g)...

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