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(영문) 서울남부지방법원 2015.05.08 2012가합977

부당이득금반환

Text

1. As to the Plaintiff KRW 210,964,00 and KRW 200,00 among them, the Defendant shall pay to the Plaintiff KRW 10,964,00 from February 1, 2012, and KRW 10,964,00.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of developing and selling computer programs.

D From February 1, 2001 to August 25, 2005, E from August 25, 2005 to November 20, 201, and D from November 20, 201 to November 20, 201, respectively.

F has been registered as a director of the plaintiff, and work as a vice-chairperson.

The defendant is a company established on January 31, 200 for the purpose of selling computer-related facilities and equipment.

F is practically operating the defendant on the ground that the spouse G is the representative director.

B. The Plaintiff has operated a business of purchasing card devices for exclusive use of alcoholic beverages from Modisoft Co., Ltd., Ltd. (hereinafter “Modisoft”), which is a mail order agent (hereinafter “SK”), with the purchase of card devices for exclusive use of alcoholic beverages, and providing them to the vendor of alcoholic beverages free of charge and receiving fees from the vendor of alcoholic beverages for the settlement of alcoholic beverage payments.

C. The Madioft was treated in default on August 2005.

Accordingly, between F and F representing the Defendant, the Plaintiff operated the SST mail order agency necessary for the management and settlement of terminal devices in the name of the Defendant, and entered into an agreement with the Defendant to pay the Plaintiff the terminal installment cost and the recruitment agency fee out of the fees paid by SKS.

Since then, the Defendant received a total of KRW 2,363,431,548 from SK from January 2006 to February 2, 201. Of them, the Defendant paid to the Plaintiff a total of KRW 2,363,431,548 out of the subscription fees, but did not pay KRW 421,124,00 out of the subscription fees.

[Reasons for Recognition] Facts without dispute, Gap 1 and 10 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1 Plaintiff’s assertion on the cause of the claim and Defendant filed an application for the SKS mail order agency under the name of Defendant, which is only a document company, and the Defendant received the Defendant’s payment from SKS;