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(영문) 서울중앙지방법원 2015.12.18 2013가합552042
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A, Plaintiff (Counterclaim Defendant) and Plaintiff (Counterclaim Defendant) B, respectively, respectively.

Reasons

The Plaintiff A, B, D, C, E, F, G, and H’s assertion, and the Plaintiff A, B, D, C, C, E, E, F, G, and H entered into a contract with Defendant K and the Defendant J Co., Ltd. (hereinafter “Defendant J”), and the Defendant K and the Defendant J Co., Ltd. agreed that at the time of entering into the franchise store contract, Defendant K, J, and franchise business operators shared 50% of the advertising costs each at the time of entering into the franchise agreement.

Pursuant to the above advertising expense agreement, the above defendants and the franchise business operator share 50% of the advertising fee, and the share of 20 franchise business operators should be equally shared by 20 franchise business operators. As such, among the advertising fee of 658,646,876 won paid to Nene for 329,323,438 won (=658,646,876 won x 1/2) and the share of 16,46,172 won per franchise business operator (=329,323,438 won) from December 2, 2010 to October 2013, the share of the advertising fee between the above defendants and the franchise business operator is 329,323,438 won (=658,64,876 won x 1/2).

Plaintiff

A, B, D, C, E, F, G, and H paid Internet advertising expenses in excess of the contribution as set out in the following table from December 2, 2010 to October 2013, 2013. As such, the Defendants first claim the amount stated in the “Partial Claim” as part of the contribution as unjust enrichment.

On the other hand, Defendant K shall be jointly and severally liable to pay the above unjust enrichment to the plaintiffs according to the name name lending liability under Article 24 of the Commercial Act, since Defendant K shall be deemed to have permitted Defendant K to engage in the business using his name or trade name, and Defendant K shall be jointly and severally liable to pay the above unjust enrichment to the plaintiffs.

Plaintiff

A 64,770,000 16,46,462,172 48,302,30,462,303,466,1728,1728,100,222 B 114,740,466,1729,273,828828,100,000 3D 71,481,466,1725,1725,14,92810,000 6368,6367,6368,647,6368,647,768,647,767,4686,467,467,786,4686,47,67,200,000 333,834,000,0006,1667,3686,63647,686,67

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