부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 20, 2017, the Plaintiff was sentenced to three years of imprisonment with labor (2016, 619, 2017, 41, 2017, hereinafter “relevant criminal judgment”) due to the following criminal facts: (a) a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud, etc.
In managing the business activities of general business employees in D, the Plaintiff received allowances from the head office according to the business activities of the management employees, and was engaged in business activities by directly lending another person’s name. In order to improve the sales performance, advertisements for selling online products have been placed on the money borrowed from Defendant C, etc., but it is difficult to repay the principal and interest within a short period of time due to the Plaintiff’s low business performance compared to the advertising fees invested by the Plaintiff, making it impossible for the Plaintiff to pay the principal and interest within the repayment period. Around August 2011, the Plaintiff’s profit alone became impossible to pay the Plaintiff’s profits. In fact, the Plaintiff was in excess of the debt amount, and was using the money in return for the Plaintiff’s existing debt repayment under the name of the borrower.
On August 201, the Plaintiff paid 2% or 8% profits (interest) each month with money invested in D Advertising sales business and resulting from enormous profits, and returned the principal without any molding, at any time if requested in advance at least three months prior to the Plaintiff’s request. The Plaintiff would return the principal at any time.
“A false statement” was made.
However, at the time of fact, the Plaintiff was under very difficult economic circumstances as seen above, and the so-called “prevention from return,” so even if receiving money from the injured party, the Plaintiff did not have the intent or ability to pay the principal and profit as agreed.
The Plaintiff is as above.