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(영문) 수원지방법원성남지원 2015.10.27 2015가단6165
부당이득금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 21,50,000 and Defendant B with respect thereto from June 19, 2015, and Defendant C and D.

Reasons

1. Facts of recognition;

A. On December 8, 2014, the Defendants arranged to the Plaintiff a coffee shop operation right on the first floor of Sungnam-si, Sungnam-si, the Defendants drafted a written confirmation that “In-house Kapeta will be jointly liable by the Defendants,” and “In-house Kapeta will be jointly liable by the Defendants.”

B. On December 8, 2014, the Plaintiff deposited KRW 50 million to Defendant C’s bank account, and paid KRW 50 million to the Defendants as a referral fee. However, the Plaintiff did not accept the said coffee shop operation right.

C. Accordingly, on December 11, 2014, Defendant C returned KRW 20 million out of the above introduction cost. ② Defendant B returned KRW 5 million out of the above introduction cost on December 18, 2014. On December 26, 2014, Defendant B issued a promissory note with respect to the return of the remainder of the introduction cost KRW 25 million in face value.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts as follows.

In other words, the plaintiff paid KRW 50 million to the defendants on the condition that the plaintiff accepts the above coffee shop operation right.

However, since the Plaintiff failed to accept the above coffee operation right, the Defendants are obligated to return the above introduction fee to the Plaintiff, and the Defendants jointly held the responsibility, and the Defendants are jointly obligated to pay the Plaintiff the introduction fee of KRW 25 million and damages for delay.

B. In full view of each evidence and the purport of the entire pleadings in the determination on the part of the claims against Defendant B and C, it is reasonable to view that the Defendants agreed to jointly and severally return the introduction fee to the Plaintiff in the event that the Plaintiff did not accept the above coffee shop operation right.

Therefore, the defendants jointly and severally deducted the plaintiff 28.5 million won from the plaintiff's 50 million won, which was paid by the defendants.

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