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(영문) 수원지방법원 2020.08.11 2019가단532645

부당이득금

Text

1. Defendant B’s KRW 99,00,000 as well as 6% per annum from December 17, 2018 to November 12, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On June 15, 2012, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) commissioned the network D (hereinafter “the network”) as FP, but dismissed on December 1, 2013.

B. From the E account (Account Number H) in the Plaintiff’s name to the G Bank account (Account Number H; hereinafter “Defendant Company Account”) in the name of the Defendant Company (hereinafter “Defendant Company Account”), the Plaintiff transferred KRW 80 million on June 18, 2013, and KRW 20 million on September 1, 2013, respectively.

C. The J substantially operated the Defendant Company by the husband of the representative director I of the Defendant Company: (a) listens to the words that each of the said money was paid by the deceased by the customer erroneously; and (b) transfer KRW 80 million from the Defendant Company’s account to the K account (Account Number L) in the name of the deceased on June 19, 2013; and (c) KRW 10 million from the G Bank account (Account Number M) in the name of the deceased on September 10, 2013.

On June 19, 2013, the Deceased issued to the Plaintiff, on behalf of the Defendant Company, each promissory note with the face value of KRW 88,080,000,000 on June 19, 2014, as the due date, ② the face value of KRW 10,930,000 on September 10, 2013, and the due date on September 10, 2014.

E. The Plaintiff and the Deceased on behalf of the Defendant Company entered into a contract for the consignment sales of shares (hereinafter “instant contract for consignment sales”) with the content that the Defendant Company received money from the Deceased and sold the entire amount after the Plaintiff’s request or the Defendant Company’s sale decision, and that the total amount of revenue shall be calculated by subtracting the principal purchased from the total amount of the closing price standard, and that the Plaintiff shall pay 40% of the total revenue to the Defendant Company as commission (hereinafter “instant contract for consignment sales”).

Category 10,920,00 N on September 17, 2014: N on September 23, 2014; 30,000 N on September 23, 2014; 47,000,000 N on March 17, 2015, March 25, 2015; 48,100,000 O on March 28, 2015; 60,92,000 P on September 40, 2015; 60,00,000 Qu 720,00 on September 25, 2015; 30,000,000,000, SV,00,00 on September 25, 2015; 10,000,00,000,00,00,00,00,08, 108,017