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Reasons
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(영문) 전주지방법원 2018.04.25 2017가단12198
부당이득금
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1. The Plaintiff (Counterclaim Defendant) each of the KRW 4,682,998 against the Defendant (Counterclaim Plaintiff) and each of them from August 5, 2016 to August 5, 2018.

Reasons

1. Facts constituting the basis for no dispute between the parties;

가. 원고들과 피고는 2014년경부터 익산시 D에서 “E”라는 상호로 돈가스 전문점(이하 편의상 “이 사건 영업장”이라고 한다)을 동업으로 운영하던 중 2016. 3경에 이르러 그 동업계약관계를 해소하기로 약정하면서, -별지(☞ 갑 1)에 나오는 바와 같이- 동업계약의 종료에 따른 서로간의 정산내용을 담은

(A)"A settlement agreement" = "A" = "a legal act" = "a legal act" = "a convenience =" "a letter of confirmation = "a sale price =" (hereinafter "sale price =").

B. After that, the Plaintiffs paid KRW 20 million to the Defendant on August 2016, 201, among the settlement amount to be paid to the Defendant pursuant to the instant settlement agreement.

C. From August 1, 2016 to August 16, 2016, to the Defendant’s passbook, totaling KRW 8,624,862 = 8,862 as the sales price of credit cards arising from the instant business establishment as the Defendant’s passbook.

8. 4,980,70 won deposited later, and 3,644,162 won deposited later. On August 27, 2016, the balance of the passbook was KRW 978,673,000. The Defendant fully withdrawn the money, and paid all taxes and health insurance premiums incurred at the Defendant’s business site (in addition to KRW 1,582,27,000, KRW 1,582,277) on September 2016 to May 2017.

2. Determination on both arguments

A. (1) As to the claim of this case, the Plaintiffs asserted as follows as the grounds for each claim of this case.

① Since August 1, 2016 to 16.16 of the same month, the period from August 1, 2016, the agreement on the instant place of business was extinguished, the Defendant deposited KRW 8,624,862 as the Defendant’s credit card sales price of the instant place of business. As such, the Defendant paid to the Plaintiffs the sum of KRW 3,320,466 (= KRW 4,980,700, X2/3) and KRW 3,64,720, the sales amount of KRW 3,64,162 (= KRW 3,64,620) and KRW 4,535,566, the sum of the charges to be borne by the Defendant among the sales amounts of KRW 4,980,70,700, July 2016,

A person shall be appointed.

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