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(영문) 서울중앙지방법원 2018.05.31 2015가합547662

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant A Co., Ltd (the trade name before the change: C; hereinafter “Defendant Company”) was a corporation established for advertisement planning, agency, event agency, etc., and conducted advertisement and publicity planning, including various election consulting affairs, and the exercise of the university’s student association and the trade union’s exercise by proxy.

B. Defendant B was sentenced to 9 years of imprisonment and 7 years of suspension of qualifications for the crime of conspiracy of insurrection in the Seoul High Court Decision 2014No762 on August 11, 2014, who was the 19th proportional representative National Assembly member belonging to the D Party, and Defendant B was sentenced to 9 years of imprisonment and 7 years of suspension of qualifications. The said judgment became final and conclusive on January 22, 2015;

From February 24, 2005 to February 29, 2012, the defendant company has overall management, including business, finance, accounting, and personnel, as the representative director of the defendant company.

C. In 2010, Defendant Company entered into a contract on public relations activities, such as lending of floating vehicles, name cards, court bulletin, poster production, etc. with E, F, G candidates, H, J, K, L, M, M, N candidates going out of the local election for local council members in 2010, O and P candidates (hereinafter referred to as “candidates”) that were going out in the special election in 2011, and carried out relevant duties on behalf of the relevant election commission after concluding the contract with the pertinent candidates, and subsequently, performed relevant duties on behalf of the relevant election commission after the completion of the election.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 4, 14 (including Serial number; hereinafter the same shall apply), Eul evidence No. 13, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The superintendent of the Office of Education and the Do Governor’s election commission in 2010, which included the amount of money obtained by deceiving the Plaintiff’s alleged election crime by the competent election commission, in the election expenses, for the purpose of receiving the maximum amount of compensation for the election, shall prepare a quotation and a contract for submitting the items to the election commission, and shall meet that amount.