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(영문) 창원지방법원통영지원 2015.02.12 2014가합2590

부당이득금

Text

1. The Defendant’s KRW 344,00,000, and the Plaintiff’s annual rate of KRW 5% from December 12, 2008 to January 15, 2015.

Reasons

1. Basic facts

A. The parties concerned are non-speed persons residing in Eunpyeong-gu Seoul Metropolitan Government, and the defendant operated the real estate investment company called "Co. E" in the member-gu Seoul Metropolitan Government, Ansan-si.

B. On May 2008, the Defendant made a false statement to the effect that “The Plaintiff would transfer ownership of the above apartment bonds 10,000 won, if the construction cost is urgently required, as the F apartment house in Ulsandong-gu is completed, and the construction cost is urgently required.”

However, in fact, although the above apartment construction was carried out by East Asia General Construction and City, due to the lack of funds, the construction was suspended due to the lack of funds, and it was transferred from East Asia General Construction and GyeongGyeong Construction Co., Ltd. around June 19, 2008 and July 18, 2008, even if the above apartment complex construction had already been in bankruptcy, the above apartment complex construction could not normally carry out the above construction even if it entered into a contract for acquisition of the above business right, since the above Dong General Construction and Gyeongyeong Construction had already been in bankruptcy, it was not possible to normally carry out the above construction. In addition, at the time, the defendant was unable to provide assistance of KRW 250 million due to the shortage of funds, and there was no other way to implement the construction, and even if it was paid money from the plaintiff, there was no intention or ability to reduce apartment 10 bonds.

As above, the defendant, by deceiving the victim, received KRW 40 million from the plaintiff around May 2, 2008, KRW 100 million around June 27, 2008, KRW 50 million around July 1, 2008, KRW 50 million around July 2, 2008, KRW 50 million around July 3, 2008, KRW 50 million around July 3, 2008, KRW 50 million around July 10, 2008, KRW 3 million around October 21, 208, and KRW 340 million around December 12, 208, respectively.

C. The defendant's criminal judgment against the defendant is against the plaintiff.

On February 26, 2014, the Changwon District Court was sentenced to imprisonment for two years and six months with labor for several cases including the tort in this paragraph.