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(영문) 춘천지방법원강릉지원 2017.07.12 2016가단2747
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to recruit franchise stores, the Defendant created and promoted advertising books that contain the following:

o Basic construction costs from among store environment improvement works, such as interior interior, etc.: 30 square meters or less shall be the basic construction cost, 30 square meters or less, 31 square meters or 44 square meters shall be the amount calculated by converting the horizontal number from the amount of basic construction cost of 30 square meters, and 45 square meters or 50 square meters shall be the base price at each basic construction cost.

o A business start-up loan of KRW 10 million, monthly rent of KRW 3,000, monthly rent of KRW 10 million (the maximum limit of KRW 10 million), support for the opening of two main employees, support for education, 50% of the cable hub’s monthly advertisement, and 10 million through KRW 150,000,000 shall be provided to the owner of the o franchise.

B. When concluding a contract with a person who wants to establish a franchise store, the Defendant provided subsidies by means of deducting the subsidies determined by the person who wants to run the franchise store from the basic construction cost instead of paying the subsidies directly.

C. On April 22, 2015, the Plaintiff entered into a franchise agreement with the Defendant to obtain the right to operate the B store (hereinafter “instant store”) and entered into a contract with the Defendant for the improvement of the store environment.

The Plaintiff and the Defendant set the basic construction cost of the store environment improvement work (hereinafter referred to as the “instant construction work”) at KRW 166,50,000 on the premise that the size of the instant store is 45 square meters, and determined the said amount as KRW 153,384,00,000 by adding value-added tax to KRW 139,440,00,000, which was 27,060,000 from the said money.

E. The Plaintiff paid 153,384,000 won to the Defendant.

[Ground for Recognition: Unsatisfy, Gap evidence (Evidence No. 2)

(2) Each entry of No. 3, No. 3, No. 3, and No. 4, and the purport of the whole pleadings

2. Judgment on the issue

A. The construction of this case by the Plaintiff’s assertion 1 of the parties concerned must be calculated on the basis of the interior line of the wall surface of the building.

3.2

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