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(영문) 수원지방법원성남지원 2015.05.01 2014가합2941
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 2005, the Plaintiff concluded a transfer contract with the content that the Plaintiff takes over the amount of the balance obtained by deducting the total amount of debts from the total amount of business assets on the books as of the above date from the Home P&C Co., Ltd. (hereinafter “B store”) within the Home P&C branch (hereinafter “B store”) as the transfer price, and commenced the operation of B store.

B. When it was difficult for the Plaintiff to operate the B store due to the Homepller’s expansion of the above B store, the Plaintiff entered into an agreement with the Defendant and Homepller on the following terms and conditions, and removed from the B store around that time.

On May 31, 2012, Article 2 (Compulsory Matters) of the Agreement on the Termination of the Lease Agreements between Home Plus and the Plaintiff.

1. By June 10, 2012, the Plaintiff shall collect and gather the relevant facilities, equipment, costs, and human resources in the store, restore the leased object to its original state, and order the Home Plus to do so.

Article 3 (Payment of Compensation and Return of Deposit for Lease)

1. In the event the Home Plux pays a lessee KRW 30 million to the Home Plux for the reasons of the lessee’s interior, office fixtures, fixtures, business losses, etc., the ownership of the relevant interior and office fixtures belongs to the Home Plux and the lessee confirms that no claims and obligations between the Parties exist, except for claims and obligations confirmed by the date on which the compensation and the contract under the preceding paragraph are concluded.

2. The Home Poomer shall pay the compensation referred to in the preceding paragraph to the Plaintiff, along with the rental deposit, after the lessee’s surrendering is completed.

The term "the first agreement" between the defendant and the plaintiff on June 12, 2012 is "the first agreement".

) Detailed contracts shall be later entered into. The amount of KRW 380,000,000 (the amount of KRW 300,000,000,000 for mutual aid, KRW 10,000,000,000 for KRW 40,000,000,000 shall be paid at KRW 300,000 (30,40,000), and the amount of shares shall be 50:50. All conditions of business in E shall be met. Depreciation (the amount of KRW 60,00,000 for mutual aid, KRW 10,000) after operation in one year.

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