부당이득금
1. The Defendant’s KRW 7,418,400 as well as the annual rate of KRW 5% from August 13, 2015 to April 6, 2016 to the Plaintiff.
1. Facts of recognition;
A. On June 11, 2015, the Plaintiff received a phone call from a person who was not the name of the Plaintiff, stating that “The Plaintiff would not purchase defective Aluminium wheelchairs, which occurred in the process of manufacturing the factory.”
B. By June 12, 2012, the above person under whose name the Plaintiff sent the freight vehicle to the Busan Factory of the Hyundai Motor Vehicle located in Asan City, In the name of the Plaintiff, the said person under whose name the Plaintiff sent 37,092,000 won (including value-added tax) calculated by 2,000 won per kilogram, and sent the electronic tax invoice and the business registration certificate consisting of “trade name sco, Defendant’s name,” “mutual scoke, Defendant’s representative, and one other than the Defendant,” by facsimile.
C. On June 12, 2015, the Plaintiff agreed to purchase the foregoing inferior aluminium (hereinafter referred to as the “instant sales contract”) deposited KRW 37,092,00 with the Industrial Bank of Korea account in the name of the Defendant, which is the account designated by the winners of the name insolvency around June 12, 2015 (hereinafter “instant account”).
Since then, the plaintiff became aware that the plaintiff was guilty of fraud, such as not being injured with bad Aluminium in the Alumina Factory of Hyundai Motor Vehicles and not being represented by B in the Aamin Factory of Hyundai Motor Vehicles.
E. Meanwhile, when the defendant received money in Korean currency with C while running a business in the Philippines, etc., he was working in exchange for money in the currency of the Philippines.
On June 11, 2015, the Defendant was requested from D to exchange approximately KRW 37 million with approximately KRW 37 million to its customers. The Defendant was requested from D to transfer the said money to the instant account.
On June 12, 2015, the Defendant confirmed that it was actually deposited into the account in this case, and paid 1450,000 PPs to D and G at the F hotel located in the Mean of the Philippines through C.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1.