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Reasons
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(영문) 서울중앙지방법원 2015.10.15 2014가단185800
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant leased lease deposit of KRW 17 million and monthly rent of KRW 1.7 million to the second floor D (trade name: E; hereinafter “instant store”) in Jongno-gu Seoul Metropolitan City, Jongno-gu C market, and was engaged in the sale of natural salt source at the said store.

B. On January 24, 2014, the Defendant transferred all of the goods in the store including the right of lease (a security deposit of KRW 17 million, monthly rent of KRW 17 million, and the lease period of KRW 17 million, from February 18, 2014 to February 18, 2016) to the Plaintiff and agreed to receive KRW 63 million from the Plaintiff.

(hereinafter “instant acquisition agreement”) C.

The Plaintiff paid to the Defendant KRW 50 million on January 24, 2014, KRW 20 million on February 21, 2014, KRW 10 million on March 5, 2014, and KRW 80 million on March 5, 2014.

Meanwhile, on the other hand, the Plaintiff entered into a lease agreement with the F, the owner of the instant store, setting the lease deposit of KRW 17 million, monthly rent of KRW 1.8 million, and from February 18, 2014 to February 17, 2016, and the lease deposit was paid in lieu of the Defendant’s acquisition of the lease deposit claim against F.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, Eul evidence No. 1 to 4, witness G's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination that the Defendant did not deliver to the Plaintiff the goods located in the instant store and the instant store after the conclusion of the instant transfer agreement. As such, the Plaintiff asserted that the instant transfer agreement was cancelled on the grounds of the Defendant’s nonperformance of obligation, and sought restitution of KRW 63 million to the Defendant.

According to the above facts, the transfer agreement of this case is to transfer all of the store facilities, equipment and inventory related to the sale of natural chrone, which the defendant operated at the store of this case.

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