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(영문) 서울고등법원 2020.08.19 2019나2011935
부당이득금
Text

1. The judgment of the first instance, including a claim for exchange change and a claim for addition in this court, is as follows.

Reasons

1. Basic facts

A. D’s coffee store chain business arrangement 1) M on November 21, 2012, M is the Seoul Yongsan-gu Seoul E and F’s building (hereinafter “instant store”) owned by P from P on November 21, 2012

on the same day, D Co., Ltd. (hereinafter referred to as “D”).

D) Joint investment between D and M and D, and D’s coffee specialty (hereinafter referred to as “d’s coffee specialty”) between D’s stores in this case.

(A) a joint agreement with the effect that M will operate and distribute the profits therefrom to M in proportion to the share ratio (hereinafter referred to as “first business agreement”).

2) On March 20, 2013, the Plaintiff entered into a joint agreement with the Plaintiff to operate a coffee specialty (referring to the physically the same coffee specialty with the dispute point; hereinafter “instant coffee specialty”) in the name of the Plaintiff and D, which is jointly invested with the Plaintiff and D, in the name of the mother C on March 20, 2013. The Plaintiff entered into a joint agreement with D or K to distribute profits therefrom to the Plaintiff at the share ratio (hereinafter “instant joint agreement”). At that time, the Plaintiff entered into a joint agreement with D or K on January 250, 200,000 under the name of investment, with the Plaintiff on January 20, 201 (hereinafter “A”) and the 7rd floor D DI (hereinafter “representative director”) of Seongdong-gu Seoul Metropolitan Government H building (hereinafter “D”) by leasing the store as follows:

3. The place of business shall be directly managed by D, and the business operator shall be registered, and the store management and operation shall be entirely responsible for B.

4. Of the total investment amount of KRW 600,000, KRW A and KRW 300,000 for KRW 50:50,000 for KRW 60,000 for KRW 30,000 for KRW B, and KRW 50:50,00 for KRW B, and ownership ratio of all assets related to the operation of the business (including assets or rights related to the business in kind, on deposit basis, on deposit basis, on deposit basis, on deposit basis

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