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(영문) 대구지방법원 2017.06.16 2015가합204681
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. (1) On March 2012, 201, the Plaintiff, which was established as a police officer on the business of food and beverage franchise consulting business, recruited and managed a store in the Yong-Namnam area as the Youngnam branch of the Cdibaf, and entered into a franchise agreement and a franchise agreement with the store recruited and a franchise agreement, etc., and ordered the above interior works to the above artificial operator, such as the Defendant.

(2) The Defendant, under the name of “D” or “E”, participated in the interior works of multiple member stores, such as F stores, G stores, H stores, I points, I points, J points, K stores, H stores, M stores, and N stores, during the period from around 2012 to around 2014 (hereinafter “instant contract”).

(3) The method of the settlement of construction price under the instant contract is replaced by the method of the settlement of construction price, and after the Defendant completed each construction work, the Plaintiff issued a tax invoice in the name of the Plaintiff, claiming the payment, and the Plaintiff made the payment to the Defendant according to the details

(4) The Defendant used the Plaintiff’s position as a director in addition to the work under the instant contract during the above period, and also performed the work of entering into a franchise agreement and a license agreement between the Plaintiff and each member shop owner.

(5) Meanwhile, following the Plaintiff’s previous representative director’s death around October 2, 2014, P, a spouse of O, was in charge of the Plaintiff’s duties.

(b) 12012-06-11 50,00,000 44 2013-08-07 13,000,000 22012-06-11 20,000 203-08-1235,000 35,000 32012-06-26 14,000,000 320 2012-26-26,000 14,000,000 46 2013-08-197,200,000,000 20-190,007-10,000,004 20-190,007-10, 2008-130-130, 208, 2008-408, 2007

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