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(영문) 부산지방법원 2017.10.11 2016가합50996
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B entered into a franchise agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”), and operated Fcarpet (G stores; hereinafter “instant store”) from around December 2015 to Kimhae-si.

B. On July 31, 2016, the Plaintiff, an employee of Defendant C, entered into a contract under which the Plaintiff acquired the instant store (including both a bank, store, and car page) by designating the premium as KRW 125,00,000 (hereinafter “instant acquisition contract”) with Defendant B as the broker of Defendant C (hereinafter “instant acquisition”).

On July 27, 2016, before entering into the instant transfer contract, the Plaintiff paid KRW 12,50,000,000, which was before the conclusion of the instant transfer contract, to Defendant B. On September 19, 2016, the Plaintiff paid the remainder of KRW 112,50,000.

C. On September 28, 2016, the Plaintiff entered into a franchise store agreement with Defendant D, and began to operate the instant store from October 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 6 (including each number; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. Determination on the claim for return of unjust enrichment against Defendant B

A. The Plaintiff’s argument that Defendant B sent monthly sales photographs of KRW 19,392,00 on June 2016, KRW 19,191,910 on July 2016, KRW 18,015,200 on August 2016, KRW 4,396,00 on July 4, 2016, KRW 431,500 on August 2016, and KRW 2,451,40 on September 2, 2016, and KRW 2,451,40 on the monthly sales of the instant store, and the Plaintiff, despite being aware that the sales of the instant store was at least KRW 2,00,00,00, the sales of the instant terminal was actually conducted, but the Plaintiff, despite being aware that the sales of the instant store was at least KRW 70,000,00,00 on August 2, 200.

Therefore, the plaintiff revoked the transfer contract of this case on the ground of fraud or mistake by the delivery of a duplicate of the complaint of this case, and the transfer money paid to the defendant B.

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