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(영문) 서울동부지방법원 2018.05.25 2017나29394

부당이득금

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is as follows: (a) the Plaintiff’s assertion emphasized in relation to the existing primary claim and the conjunctive claim newly added by this court 2.

2. Judgment on the plaintiff's assertion

A. 1 Additional Determination as to the primary claim 1) The Plaintiff’s assertion following the first instance court, following this court, and on January 10, 2012, the Plaintiff’s national bank account (hereinafter “instant account”).

107,976,00 won remitted to D Co., Ltd. (hereinafter “D”).

A) Around 2009, the Plaintiff was awarded a contract for a construction work with the Plaintiff’s introduction and had the Plaintiff work as a field agent, and the Defendant was paid 100 million won or more of the wages or profits paid under the agreement with the Defendant, the representative of D, and the Defendant’s withdrawal and use without permission. As such, the Defendant’s specific assertion on this part as to whether the Defendant agreed to pay 100 million won of wages or profits to the Plaintiff is obligated to return it in unjust enrichment. (A) The Defendant’s introduction of the Plaintiff to the Plaintiff.

It was possible to receive the order for the construction work of a factory, and the plaintiff holding the qualification as a construction engineer asked the plaintiff to work as a field agent of the above construction, and in return, the plaintiff agreed to pay KRW 100 million as wages or earnings to the plaintiff.

On the other hand, the ordinary construction company borrowed a construction-related license or certificate by paying a prescribed amount for the reduction of personnel expenses, and the amount paid by D for about 57 months from May 2009 to April 15, 2014, which the Plaintiff asserted that D had worked as a field agent, is merely KRW 14 million, and the above KRW 107,976,000 is above D.