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(영문) 대전지방법원 2018.08.29 2016가단222771
부당이득금
Text

1. Defendant D shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from August 22, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company whose business purpose is “establishment, operation, and agency of kindergartens, child-care centers, and child-care facilities,” and Defendant C is a person who was appointed as the representative of the above company on December 9, 2010, and Defendant D is a person who incurred operating funds, etc. of the above company around that time.

B. Defendant D was requested from E engaging in real estate consulting business to identify the person who will open the F apartment 1 and 2 child care centers located in Daegu (hereinafter “child care centers in this case”).

Defendant D knew of the above contents to G who was engaged in counseling services related to the establishment of a child care center, and G posted information on the instant child care center bid at “H” on the Internet child care center site.

C. Around May 201, the Plaintiff became aware of the contents of the instant childcare center through the said website, and contacted G. Defendant D, along with G on September 6, 2011, met the Plaintiff in Daegu.

Defendant D, on the same day, displayed the F apartment, explained the location and conditions of the F apartment to the Plaintiff, presented the consulting request contract prepared in advance, and directly stated the part such as the indication of the childcare facility, the contract price, the special agreement, etc.

A. (1) With respect to the interest rate on the lease of nursery facilities, the clients and the clients shall agree and enter into a contract for the entrustment of consulting as follows:

1. Seo-gu I nursery Facilities (F apartment complexes 2) in the Daegu-si of the indication of nursery facilities;

2. Terms and conditions of the contract. Article 2: The client shall be responsible for the bid from the tender to the successful tender process so that he/she may exercise the above nursery facilities;

Article 5:The client shall make utmost efforts to conclude a lease contract between the side of the apartment and the client on the basis of the terms of the lease contract (which may be changed at the request of the apartment side) before the payment date of the balance, and the contract shall be rescinded if the lease contract is not normally concluded or does not proceed.

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