(영문) 의정부지방법원고양지원 2017.08.25 2016가단23765

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2017.08.25 2016가단23765

부당이득금반환

Text

1. Defendant B’s KRW 66,00,000 as well as 5% per annum from August 5, 2017 to August 25, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2014, the Plaintiff entered into a joint agreement with the Defendants on the direct management of the E-building restaurant and coffee shop located in Seongbuk-gu, Sungnam-si:

Article 2 (Investment and Arrangements)

2. In order to carry out the joint business, the Defendants and the Plaintiff shall deposit KRW 60,000,000,000,000 for the daily amount of loss deposit (60,000) with the Defendants according to the schedule, and deposit KRW 170,000,000 for the facilities and the total amount of money (170,000,000) with the joint corporation or trust account.

(Provided, That in the event that the Defendants establish a house and facility, the amount invested and the amount of profit distribution shares shall be separately discussed). In addition, the Plaintiff shall separately prepare the operating fund for about one month.

3. Upon entering into this contract, the Plaintiff shall deposit KRW 30,00,000 (30,000) in the bank account designated by the Defendants at the time of the conclusion of the contract, and the remaining KRW 30,00,000 (30,000) shall be deposited on June 10, 2014.

After the termination of the contract, KRW 10 million shall be returned to the plaintiff.

However, upon the termination of the contract, the Plaintiff is obligated to pay money to the Defendants, and the amount of damages incurred by the Plaintiff’s failure to perform the contract shall be deducted and settled first.

B. On May 29, 2014, the Plaintiff paid KRW 50 million to Defendant B, and transferred KRW 30,000,000 to Defendant C’s account on June 10, 2014.

C. After that, the Plaintiff filed a complaint against Defendant B as a crime of fraud, and on June 28, 2017, the Suwon District Court Branch Decision 2016Kadan2425 (hereinafter “Defendant B”) held a business right to operate the Plaintiff at the “F office” office operated by Defendant B around May 29, 2014, “in the F office operated by Defendant B,” the Plaintiff has a business right to operate the underground cafeteria and coffee shop in the G broadcasting station located in Sungnam-si, Sungnam-si.

Since 80,000,000 won should be paid to G Broadcasting Station in order to secure damages that may occur during the course of the project, the above cafeteria shall be held by the State.

유사 판례

-광주지방법원목포지원 2017.11.29 2017가단51816

-인천지방법원부천지원 2016.01.20 2015가단15438

-광주지방법원 2018.12.14 2017나64896

-수원지방법원 2015.05.01 2014가단60763

-청주지방법원 2017.05.17 2015가합23328