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(영문) 서울중앙지방법원 2017.04.19 2016가단5266760
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From D, on March 11, 2015, an agricultural company F Co., Ltd. (hereinafter “F Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) and the Plaintiff entered into a consulting agreement that entrusts Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the right to the instant restaurant and the right to the sales of facilities (hereinafter “instant consulting agreement”).

In the instant consulting contract, the sales price was KRW 180,000,000, the term of the contract is until the completion of the sale, the contingent remuneration is KRW 30,000,000, and the time of the contingent remuneration is immediately agreed to pay the down payment.

B. On March 13, 2015, F Co., Ltd and the Plaintiff entered into a contract for the transfer of 180 million won for G and the instant restaurant, with the payment of KRW 50 million for the down payment of KRW 50 million on the contract date; the intermediate payment of KRW 50 million until April 30, 2015; and the remainder of KRW 80 million until June 30, 2015, with the payment of KRW 80 million until June 30, 2015 (hereinafter “instant first transfer contract”).

C. On March 18, 2015, G was established as the representative director and the Plaintiff, and as the principal office, H Co., Ltd. (hereinafter “H Co., Ltd.”) of the said E-building 202 was established.

H Co., Ltd. entered into a lease agreement on March 25, 2015 with respect to D and E-building 202, setting the lease term by June 30, 2016, which is the remaining lease term of the previous lease agreement.

The transfer price of H Co., Ltd, G, and the instant restaurant is KRW 80 million on April 20, 2015, but the transfer price is KRW 50 million in lieu of the payment under the transfer contract under the instant transfer contract, and the remainder of KRW 30 million shall be paid within 15 days after the registration of the business (hereinafter “instant transfer contract”).

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