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(영문) 서울중앙지방법원 2019.05.24 2019가단5041535

부당이득금

Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 15% per annum from January 24, 2019 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. (1) Around November 2016, the Plaintiff recommended the Defendant to invest in the bonds with preemptive rights issued by the Defendant and decided to acquire bonds with preemptive rights equivalent to KRW 80,000,000.

(2) However, the Defendant subsequently requested that the subscription price for the bonds with preemptive rights be paid in advance when concluding a contract to underwrite the bonds with preemptive rights, and on November 18, 2016, the Plaintiff first paid KRW 80,000 to the Defendant.

(3) However, the defendant did not conclude a contract for underwriting bonds with the plaintiff and preemptive rights.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 to Gap evidence 5-6, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is deemed to have received KRW 80 million from the plaintiff without any legal ground.

Therefore, the defendant is obligated to return the above KRW 80 million and damages for delay to the plaintiff with unjust enrichment.

2. Thus, the defendant is obligated to pay to the plaintiff the amount of 80,000,000 won with 15% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 24, 2019 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case. Thus, the plaintiff's claim of this case is justified.