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(영문) 서울서부지방법원 2019.07.18 2019가단210843

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of the plaintiff's claim is the cause of the claim in this case. The defendant, who is the husband's father, was detained by the plaintiff's husband C, introduced D attorneys at the Prosecutor General, requested the defendant to deliver them as advisory fees to the above attorney-at-law, and it was revealed that the defendant did not deliver them to the attorney-at-law. Thus, the defendant is obligated to return KRW 50 million to the defendant.

2. Facts of recognition;

A. The Plaintiff filed a criminal complaint against the Defendant as a crime of fraud, and the judgment of innocence against the Defendant became final and conclusive. The Plaintiff filed a criminal complaint against the Defendant on the same facts as the cause of the instant claim, which became final and conclusive as the judgment of innocence

(A8, Seoul Central District Court 2015Kadan7895) The reasons for the judgment of innocence are as follows: ① the Plaintiff transferred KRW 41 million out of KRW 91 million to E’s account at the enterprise cancer branch around September 14, 2010, and the remainder of KRW 50 million was delivered to the Defendant at the Defendant’s office located in Seocho-gu Seoul Central District Court around September 18, 2010. However, according to each of the financial transaction information statements, the Plaintiff made a statement to the Defendant on September 18, 201, KRW 50 million out of KRW 90,000,000,000 from the account of small and medium enterprises in cash, KRW 1,500,000,000,000 from KRW 50,000,000,000 to KRW 1,509,000,000,000,000 won, respectively.