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(영문) 서울중앙지방법원 2019.10.24 2017가단5220884
부당이득금
Text

1. The Defendant’s KRW 48,787,38 and the Plaintiff’s annual rate of KRW 5% from May 12, 2018 to October 24, 2019.

Reasons

1. Basic facts

A. The Defendant entered into an agreement between the Plaintiff and the Defendant on the consignment operation agreement with the Korea Labor Welfare Corporation around 2015 on the first floor of the Da Hospital located in Bupyeong-gu Incheon, Bupyeong-gu, Seoul, which is operated by the Korea Labor Welfare Corporation.

On November 2015, the Plaintiff received the introduction of the Defendant from EF and G, providing consulting services, and received a proposal for the sales of coffee stores from the Defendant’s side on the 16.5 square meters of the first floor on the ground of the said D Hospital.

At the time, F explained that the entrusted operation contract between the Defendant and the Labor Welfare Corporation was prohibited to the director of the Plaintiff Company, and that the contract at the time of the above coffee specialty should be carried out in the form of the entrusting business.

On November 13, 2015, the Plaintiff accepted the proposal and entered into a contract on the consignment operation of a coffee specialty store (hereinafter “instant contract”) with the Defendant and the 16.5 square meters of the 1st floor of the DD hospital, with respect to which the contract term is three years, and the rent of KRW 9,00,000,000 (including value added tax) shall be divided into cash in a equal quarter, once each quarter by the end of the month before the beginning of the quarter, and the advance payment (i.e., KRW 2.7,50,000 (= KRW 99,00,000 ± 36 months), security deposit, and KRW 30,000,000).

At this time, the defendant requested to pay the monthly rent for three months in advance.

Accordingly, on November 16, 2015, the Plaintiff paid to the Defendant KRW 2,8250,000,000 among the deposit on the date of the above contract, and KRW 2,8250,000,000 (=2750,000 won x 3 months) in total, and KRW 2,825,00,00 in monthly rent (=2750,000 won).

B. On the other hand, the relationship between the Defendant and the D Hospital, i.e., the Korea Labor Welfare Corporation, and the person in charge of D Hospital did not pay rent and taxes at once, and the Defendant notified the Defendant of the termination of the entrusted operation contract on November 25, 2016, which did not implement the provisions on the filing telephone.

At this time, the reason why the Korea Labor Welfare Corporation has caused is in violation of the prohibition of sub-lease or re-entrustment.

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