부당이득금반환
1. The plaintiff's appeal is dismissed.
The plaintiff's claim against the defendant C added in the trial room is dismissed.
2...
1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1 to 13.
[1] On October 12, 2010, Co-Defendant B of the first instance trial (hereinafter “B”) held that the Plaintiff would receive a loan of KRW 20,000,000 from the Gyeongnam Bank if the Plaintiff had the right to create the second industrial complex, which was 500,000,000,000 from the construction expense, and the Plaintiff would have borrowed KRW 500,000 from the construction expense.
Accordingly, B borrowed KRW 150,00,000 from the Plaintiff on October 12, 2010, and KRW 150,000,000 on October 13, 2010, and KRW 32,760,000 on October 15, 2010, and KRW 100,000 on October 15, 201, and KRW 100,000,000 on October 15, 2010, and total amount of KRW 432,760,00,000 on October 15, 2010.
B around April 8, 2011, around April 8, 2011, the Plaintiff “is performing the construction of the second industrial complex, not only, but also the second industrial complex.” However, the Plaintiff borrowed KRW 200,000,000 as it is difficult to promote the work due to the shortage of money.”
Accordingly, B borrowed KRW 200,00,000 from the Plaintiff on April 8, 201, by receiving the said agricultural bank account under Defendant C’s name.
On June 13, 2011, Defendant B: “Around June 13, 2011, the Plaintiff was expected to have commenced the construction work for the second industrial complex, and if Defendant B loaned KRW 60,000,000 for the preparation expenses for the commencement of the construction work, Defendant B would have paid KRW 60,000 from the Gun Office instead of the beginning of the construction work.”
Accordingly, B borrowed 60,000,000 won from the Plaintiff around June 13, 201 by means of receiving transfer from a corporate bank account (H) in the name of G.
[2] As above, B borrowed a total of KRW 692,760,000 (=432,760,000 + KRW 200,000 + KRW 60,000,000 + was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and was convicted on December 20, 2012.
(J) Changwon District Court 2012 Gohap70). The facts charged as above are as follows.
In other words, B's right to create the second industrial complex is recognized.