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(영문) 서울중앙지방법원 2018.06.14 2015가합557775
임차보증금확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C is a company established for the purpose of running beauty service and beauty art service business, franchise business, etc.

Defendant B is the husband of Defendant C who is the representative director of Defendant C and the inside director of Defendant C.

B. The Plaintiff entered into a franchise franchise agreement with Defendant C on the F store located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “F beauty shop”).

C. On January 1, 2011, the Plaintiff entered into a partnership agreement with Defendant B to jointly operate the F Beauty Room (hereinafter “instant partnership agreement”). On October 1, 2013, the Plaintiff acquired the Defendant B’s share in the F Beauty Room from Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-2, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The purport of the Plaintiff’s assertion is that the instant partnership agreement was concluded formally in addition to the franchise agreement that was concluded by the Defendants using their superior position. Since franchise agreements constitute unfair legal acts, the instant partnership agreement is null and void as a matter of course.

At the time of the conclusion of the instant club agreement, KRW 300 million was fully borne by the Plaintiff, but Defendant B paid only KRW 141,661,893 out of the lease deposit returned by the lessor on the ground of an invalid club agreement.

Therefore, Defendant B is obligated to return the remaining lease deposit to the Plaintiff as unjust enrichment.

B. The evidence submitted by the Plaintiff is insufficient to recognize that the Defendants, by taking advantage of their superior position, had the Plaintiff enter into a franchise franchise agreement with respect to the F Beauty Room, or had the Plaintiff enter into the instant trade agreement in addition thereto, and there is no other evidence to acknowledge otherwise.

Rather, B.

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