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(영문) 대구지방법원 2015.08.19 2014가단37207
부당이득금
Text

1. The Defendant’s KRW 14,475,414 as well as 5% per annum from September 5, 2014 to August 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Won and the defendant's partnership work progress 1) The defendant from June 5, 2007 to June 6, 2007, "D's clinic" (hereinafter "D's clinic") on the 6th floor of Daegu Suwon-gu C building.

(2) On October 2008, the Plaintiff entered into a partnership agreement with the Defendant (hereinafter “instant first partnership agreement”) to operate the F Family Department as the motive of the Defendant’s medical college, and from November 9, 2000, the Plaintiff operated F Family Department E in the racing-si. (2) Around October 2008, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate Dwon (hereinafter “instant first partnership agreement”).

The plaintiff agreed to pay KRW 200 million to the defendant by evaluating D's value of D's KRW 400 million.

The Plaintiff paid a total of KRW 200 million to the Defendant from October 7, 2008 to November 12, 2008.

3) The Defendant also agreed to extend the number of members to 2nd floor of the C building by investing each party KRW 80 million in the capital, and agreed to extend the number of members to 2nd floor of the C building. In addition, on October 30, 2008, the Defendant reported the trade name of the D Council members to “D. Home Department of Home Affairs.” The Defendant started the joint operation of D Council members from November 2008. The Defendant prepared the business contract at the time. According to this, the Defendant entered into the business contract at the time, the amount of KRW 280 million and the Defendant’s investment amount to KRW 280,000 (50%) and the Defendant agreed to enter into a joint contract for all businesses from November 3, 2008, and all liabilities and profits distribution relating to the business were in accordance with the equity ratio. 4) The Defendant originally used the Defendant’s account’s revenue and expenditure as the revenue and expenditure of the D Council members to use the C Bank account in the name of the Defendant (hereinafter “the Account”).

The Defendant agreed to use the Agricultural Cooperative Account in the name of the Defendant (hereinafter referred to as the “Agricultural Cooperative Account”) as an expenditure account, starting the joint operation of D Council members according to the first agreement on the business of the instant case.

However, the interest payment for the Defendant's Cit Bank loan is the issue of the instant Cit Bank loan.

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