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(영문) 울산지방법원 2017.11.28 2017가단9618
부당이득금반환
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. According to the purport of each of the statements and arguments in Gap evidence Nos. 1, 12 and Eul evidence Nos. 1 and 2, the defendants started business of "E" by leasing defendant C around December 2, 2013, Ulsan-gu D No. 105 of Dong No. 1 and Dong No. 105 (hereinafter "E"), and the plaintiff entered into a transfer contract with the defendant C around December 2014 by setting the transfer price of KRW 130 million including premium, and transferred the above transfer price to the defendant B account under the name of the defendant B on December 5, 2012.

2. The gist of the Plaintiff’s assertion was known by the Plaintiff at around 2011, and around that time, the Plaintiff was working at the “Unfit House” under the name of Defendant B, which was operated by Defendant B, and the Plaintiff was fluored and feled at the end of Defendant B, and the Plaintiff acquired the said store, including KRW 110 million, by Defendant B’s solicitation that the Plaintiff would be able to collect the instant store, with a large amount of money.

However, even though the store of this case operated by Defendant C was under four-month suspension because it was not well-beingd, the Defendants had a good operation of the store of this case, thereby deceiving the Plaintiff as if the premium was reasonable.

Therefore, the plaintiff seeks the return of unjust enrichment by cancelling the above transfer contract on the ground of deception.

3. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants deceptioned the Plaintiff, and there is no other evidence to acknowledge this otherwise.

The plaintiff's assertion is not accepted.

[Premium money is not only a tangible object such as business facilities and equipment, but also a transfer of intangible property value, such as a business interest, due to the location of the customer, credit, business know-how or store, or a cost for use for a certain period. Defendant C is at least KRW 80,000,000,000 at the time of opening the store in this case.

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