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(영문) 수원지방법원 2015.12.29 2015가합1133
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant Il Food Co., Ltd. (hereinafter “Defendant Il Food”) is a company running a restaurant business in the name of “Mama club”, and Nonparty B was an employee of the Defendant Company.

Defendant A, at around April 9, 2014, has concluded a franchise agreement with Defendant Il Food and A, and opened and operated a dial club D (hereinafter “instant store”) at all times, after constructing a building owned by Defendant A in Suwon-si, Suwon-si.

B. On October 2014, the Plaintiff entered into a contract with Defendant A to take over all of the facilities and business of the instant store at KRW 550,000,000 (excluding value-added tax) (hereinafter “instant business takeover agreement”) and the instant store at KRW 10,000,000, respectively, with the introduction of Defendant Il Food, a head office (employee B).

On October 14, 2014, the Plaintiff entered into a franchise agreement with Defendant Il Food and Drug Association (including value-added tax) with respect to the instant store, which is set at KRW 5,500,000 (including value-added tax) and KRW 3 years with respect to the instant store.

C. On November 17, 2014 and November 28, 2014, the Plaintiff: (a) operated the instant store to the Defendants; (b) as a result of the Plaintiff’s actual operation of the instant store during the month, the monthly sales amount is below KRW 100 million; (c) at the time of the instant transfer of business, the Defendants’ side at the time of the instant transfer of business belonged to KRW 140,000,00; and (d) accordingly, the instant transfer of business was null and void and thus, issued a certificate of content that notifies the revocation thereof.

On the other hand, the plaintiff did not pay the monthly rent to the defendant A except once for the first time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence No. 1, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that Defendant A takes over the business of the instant store without confirming the store Pos (PINT-OF-SALE, and the information management system at the time of sale) at the time of concluding the instant transfer of business.

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