logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.11.18 2014가합5737
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty D was invested in KRW 125 million from Defendant B, and operated from April 2002, an entertainment tavern F (hereinafter “instant main shop”) located under Songpa-gu Seoul, Songpa-gu, Seoul, for the purpose of securing Defendant B’s claim, operated from April 1, 2002. The actual operation of Nonparty D is D and the amount of profits from the said investment amount is paid to Defendant B. However, Nonparty C, the husband of Defendant B, obtained business registration and business permission, etc. of the instant main office in the name of Defendant C, which is the husband of Defendant B.

Since July 14, 2003, D drafted a share agreement recognizing the share of 30% on the main points of this case to Defendant B, and a share agreement recognizing the share of 50% on the main points of this case to Nonparty G. On October 7, 2003, a notary public was notarized by No. 3551 and 3548 on October 7, 2003 as to each share agreement.

B. Around January 14, 2005, the main points of this case were entrusted to H from January 15, 2005 to January 15, 2006. Around January 2005, H submitted all taxes and public charges related to business to Defendant B or Defendant C, reported the revenues and expenditures of the main points of this case to D, and Defendant B agreed to manage the head offices of this case. D was detained on suspicion of fraud around that time.

C. Around February 2005, Defendant B received a written waiver of the main points of this case from D and sold the main points of this case to Nonparty I and Kangsan Liquor Co., Ltd. for KRW 300 million.

【Ground of recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap's 1 through 9

2. The parties' assertion

A. The plaintiff's assertion D requested the plaintiff to make an investment in the main point of this case while operating the main point of this case, and the plaintiff made an oral partnership agreement with D on November 28, 2003, the amount of KRW 20 million on December 4, 2003, KRW 30 million on July 2004, and KRW 175 million on August 2004, and jointly operated the main point of this case.

However, there is a problem.

arrow