beta
(영문) 대전지방법원 2018.06.21 2017가단9524

부당이득금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 170,120,00 and its amount from March 1, 2017 to March 21, 2017.

Reasons

1. Basic facts

A. On December 31, 2015, D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) intended to establish a company with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) and a company with the main purpose of manufacturing and selling eco-friendly construction materials in Hong Kong, and the Defendant Co., Ltd. drafted new materials related to eco-friendly construction materials, and the Non-Party Co., Ltd. established a joint agreement with the Non-Party on the provision of funds. Pursuant to the said agreement, on January 30, 2016, the said agreement paid the Defendant Co., Ltd. one million won for advance payment.

B. Defendant C, the representative director of the Defendant Company, confirmed on January 30, 2016, that “The Plaintiff of this case, on January 30, 2016, received KRW 18,000 million won (CNY 1 million won) from the Chairperson of A (the Plaintiff of this case).”

(3) On November 28, 2016, the non-party company and the defendant company agreed to invalidate a contract under the above joint venture agreement. As a result, on December 14, 2016, the defendant company sent to the non-party company a notice on the payment of KRW 170,120,000 in Korean won (on December 31, 2016, the exchange rate of KRW 170,000,000, KRW 50,000 in Korean won on December 31, 2016, and KRW 50,000,000,000 in Korean won on January 31, 2017, and KRW 70,120,000 in Korean won on February 28, 2017, the defendant company issued the notice on the payment of KRW 170,000 in installments to the non-party company and KRW 170,120,000 in advance on February 14, 2017.

At the bottom of the letter of payment in this case, the defendant C signed it next to it, and the letter of payment states "A: the addressee" and "E: the agent".

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. The defendant company.