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(영문) 전주지방법원 2018.06.01 2017가단14668

부당이득금

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. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) concluded a contract for construction with D Company on January 1, 2017, and the Plaintiff received advance payment of KRW 160,000,000 from the said Company on January 10, 2017 and remitted KRW 100,000,000 to Defendant B’s account each over two times on January 10, 2017, and KRW 50,000,000,000 to the Defendant’s account. 50,000,000 was transferred to the Plaintiff’s personal account of the representative director E, and the Defendants acquired the said money without any legal cause, and Defendant B was obligated to pay KRW 1,00,000,000 to the Plaintiff for unjust enrichment of KRW 301,000,000,000,000 to KRW 301,000,000,000,000.

B. According to the reasoning of the judgment, the Plaintiff’s evidence Nos. 1 and 2, and the Plaintiff’s total sum of KRW 100 million on January 10, 2017 and January 11, 2017, shall be transferred to Defendant B, while the Plaintiff’s representative director E transferred KRW 50 million from the Plaintiff on January 10, 2017, and he remitted KRW 40 million to Defendant C on January 16, 2017, although it is recognized that the Plaintiff did not assert and prove the Plaintiff’s assertion as to the circumstances in which the Plaintiff paid the above money to the Defendants, and there is no evidence to prove that the Defendants paid the money without any legal cause. Thus, the Plaintiff’s assertion is without merit without any need to further examine.

2. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.