부당이득반환 등 청구의 소
1. The Defendant’s KRW 59,00,000 as well as 5% per annum from November 24, 2017 to April 10, 2019 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and the Defendant are ex post facto officers who met or become aware at a high school club, and the Defendant is the representative director of C Co., Ltd (hereinafter “C”) for the purpose of selling computers and computer peripheral devices.
B. Around December 2015, the Defendant received proposals from the representative director E and director F of D Co., Ltd. (hereinafter “D”) engaging in a manufacturing business, stating that “When investing funds to purchase punch machinery, the Defendant will pay the principal and interest as machine usage fees every month.”
C. Around that time, the Plaintiff heard that “if the Plaintiff borrowed KRW 150 million from the Defendant, he/she invested in D in the name of C as a fund for purchasing public machinery, and that he/she would pay the principal and interest paid from D in 12 times every month from March 2016 to December 13, 2016, in the aggregate of KRW 12.5 million, interest KRW 3,375,000, and KRW 15,875,000.” On December 4, 2015, the Plaintiff “the instant money” refers to the account in the name of C, designated by the Defendant, with KRW 150,000,000,000,000.
(d) The Defendant remitted the amount of KRW 250 million including the instant money from December 4, 2015 to December 22, 2015. The Defendant paid KRW 250,000,000,000,000, including the instant money, to D as the fund for the purchase of public machinery. Date (the Plaintiff’s interest on February 3, 2016, 200, Defendant 12,400,000 on March 4, 2016, with the interest of KRW 10,000 (the Plaintiff’s principal on April 5, 2016, the principal of Plaintiff 10,000,000 of the Plaintiff’s principal on March 4, 2016, the principal of Plaintiff 10,000 on April 5, 2016, the principal of Plaintiff 5,700,000,000, Plaintiff principal of the Plaintiff.
E. The Plaintiff received twice principal and interest on the instant money from the Defendant from February 29, 2016 to April 5, 2016 as follows.
F. On April 2016, the Defendant informed the Plaintiff of the fraud from D (E) that it would be difficult for the Plaintiff to pay the principal and interest in the future. Accordingly, the Plaintiff and the Defendant agreed that only the remaining principal and interest (125 million won) will be repaid after May 2016.
On May 2016, 2016, the receipt account holder of the remittance account.