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(영문) 인천지방법원 부천지원 2018.11.13 2018가단4484
부당이득금반환
Text

1. The Defendants are jointly and severally with E to the Plaintiffs KRW 50,000,000 and Defendant C with respect thereto from May 13, 2018.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) E decided to operate the G wedding (hereinafter “instant wedding”) in 504,505, Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “instant wedding”) and borrowed the business name from the Defendants.

(2) Accordingly, the Defendants completed the registration of joint business with respect to the instant wedding, and E concluded a lease agreement with Defendant D on June 29, 2017, which covers KRW 300 million as to the instant wedding, and KRW 32 million as to the instant wedding, and jointly and severally guaranteed the lessee’s obligations under the said contract.

(3) On January 23, 2018, the Plaintiffs entered into a provisional contract (hereinafter “instant provisional contract”) prior to entering into a lease agreement with E with respect to the operation of the beauty hall in the instant wedding hall. On January 24, 2018, the Plaintiffs paid KRW 10 million with the account in the name of the Defendant E and KRW 40 million with the account in the name of the Defendant C on January 25, 2018.

(4) At the time of entering into the instant provisional contract, E used the name of the instant wedding hall with the lessor’s personal information stated in the lessor, and also presented the Plaintiffs’ business registration certificate under the name of the Defendants.

(5) At the time of the conclusion of the instant provisional contract, E agreed to set up a joint and several surety to secure the Plaintiffs’ claim for the return of the lease deposit, but failed to implement it until January 30, 2018, which was agreed to enter into a lease contract, and the Plaintiffs and E agreed to reverse the instant provisional contract on January 30, 2018.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants lent the name to E as the title holder of the instant wedding hall, and E presents the business registration certificate in the name of the Defendants to the Plaintiffs, etc., thereby allowing the Plaintiffs to participate in the instant wedding hall operation.

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