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(영문) 대구지방법원포항지원 2017.08.22 2016가단104331
부당이득금
Text

1. As to KRW 64,00,000 and the above KRW 51,00,000 among the above money to the Plaintiff, the Defendant shall start from August 30, 2016, and start from 13,000.

Reasons

1. The Defendant, through the Defendant’s child C, operated the “E” of the eightth floor of the 8th floor of the business building located in the north-gu, Pohang-gu, Ma (hereinafter “instant health center”).

On May 28, 2016, the Plaintiff entered into a provisional contract for transfer and acquisition of the instant healthcare with the above C, and paid KRW 1,00,000 as the provisional contract amount.

- The Plaintiff shall pay the Defendant KRW 105,00,000 for the premium, and KRW 51,000,000 shall be paid at the time of the contract, and the remainder of KRW 54,00,000 shall be paid on June 21, 2016.

(Article 1. (1) - Where a lease contract is not concluded between a lessor and a plaintiff by the due date for the remainder payment, the date of concluding the lease contract shall be deemed the due date for the remainder payment (Article 1). - The defendant shall act as a broker for the lessor and shall cooperate with the lessor for the conclusion of the lease contract

(Article 2(1) - In the event that a lease contract is not concluded due to reasons not attributable to the plaintiff and the defendant such as a lessor's refusal of the contract, this contract shall be null and void, and the defendant shall immediately return the paid down

(Article 3). - - All membership refunds and cancellations arising after June 15, 2016, which are registered as of June 15, 2016, shall be held responsible for the Plaintiff, and the Defendant to transfer and acquire all membership rights (matters of a special agreement) including health, ice, ice, and PT, registered as of June 15, 2016. - All membership refunds and cancellations arising from June 15, 2016.

(Special Terms and Conditions) - New sales arising after the conclusion of this Agreement and the payment of any balance shall be managed by the Plaintiff.

(special terms) . - Fire Services Corporation in a facility shall be responsible and enforced by the Plaintiff.

(Special Agreement) On June 14, 2016, the Plaintiff entered into a premium contract (hereinafter “instant contract”) with the Defendant to take over the instant health house from the Defendant. The key contents of the instant contract are as follows.

The Plaintiff’s account is KRW 51,00,000,000 around June 8, 2016; KRW 4,000,000 on June 22, 2016; and KRW 51,00,00 on June 28, 2016.

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