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(영문) 서울고등법원 2016.06.28 2015나15766

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff, such as the status of the parties, is the representative of the Ciplomatic Association (hereinafter “Plaintiff’s church”); the Defendant is the representative of Diplomatic Association (hereinafter “Defendant’s side church after the change of name”) and E is the representative of F Co., Ltd. (hereinafter “F Co., Ltd.”) operating construction business, etc.

B. On July 27, 2010, the non-party company entered into a construction contract with the non-party company's defendant church and a construction contract with the plaintiff church. The non-party company entered into a construction contract with the defendant church for the new building of the defendant church. 2) On May 15, 2012, when the above construction is almost completed, the non-party company entered into a construction contract for the new building of the plaintiff church with the plaintiff church at KRW 2.2 billion, and the commencement of the construction was to be followed after the completion of the above new building of the defendant church.

C. On May 21, 2012, the Plaintiff church transferred KRW 350 million out of KRW 1.5 billion out of the KRW 1.5 billion out of the KRW 1.5 billion out of the KRW 1.5 billion from the National Federation on the same day to the new bank account of the Defendant church upon the Plaintiff church’s request on the same day. (2) Meanwhile, the Plaintiff church and the Defendant church did not have any credit and debt relationship between themselves before May 21, 2012, and the Plaintiff church transferred the above KRW 350 million to the Defendant church on May 21, 2012.

On May 21, 2012, the Defendant church deposited KRW 350 million from the Plaintiff church. On the same day, the Defendant church remitted KRW 45 million to E and the Nonparty company KRW 197,300,000 to the non-party company, respectively. On May 23, 2012, the Defendant church remitted the sum of KRW 260,000,000 to the non-party company and arbitrarily used the remainder. (2) On the other hand, on July 5, 2013, the Defendant church remitted the sum of KRW 20,000,000 to the non-party company and E, etc.