부당이득금반환등
1. Defendant B’s 10,550,000 won and the interest rate of 20% per annum from October 24, 2014 to the date of full payment.
1. Summary of the plaintiff's assertion
A. Defendant B said that the Plaintiff was awarded a subcontract for the construction of the E building, and the construction company was incorporated together with the Plaintiff. Defendant B acquired the total of KRW 10,550,000 from May 11, 201 to January 12, 201 from the Plaintiff.
B. Defendant C conspireds with Defendant B to acquire KRW 3,500,000, out of the above money acquired by Defendant B from the Plaintiff.
C. Defendant C, following the locking of Defendant B around March 201, stating that “When Defendant B returned to the Thailand, he/she shall enter into a contract with the F Company immediately after he/she returned to the Thailand,” Defendant C acquired KRW 500,000 from the Plaintiff on April 14, 201.
Therefore, the Defendants are obligated to pay the amount stated in the claims to the Plaintiff.
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings as to the claims filed against Defendant B, Defendant B’s representative of the G Co., Ltd. around May 2010, and Defendant B established a mutual company of H with the trade name while being awarded a subcontract for the construction of the E building from D, and at the same time established the said construction, and received a total of KRW 10,550,000 from May 11, 201 to January 12, 201. However, Defendant B did not have been awarded a subcontract for the said construction from D, and it is recognized that the said construction was not contacted with the Plaintiff from March 201.
According to the above facts of recognition, Defendant B, by deceiving the Plaintiff, acquired the sum of KRW 10,550,000 from the Plaintiff.
As such, Defendant B is obligated to pay the said money and damages for delay to the Plaintiff.
B. According to the evidence Nos. 2 and 3 of the judgment as to the claim against Defendant C, ① the Plaintiff paid KRW 3,500,000 from Defendant B to the above Defendant’s account under the name of Defendant C, and ② the Plaintiff is not a “D sent from the Handphone number opened in Defendant C from March 201 to April 201.”