손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C From around 1999 to December 2, 2012, began to operate a fraternity in the Gangnam-gu Seoul Central District Court, and operated more than 100 households for about 13 years. Since around December 2012, C failed to pay the fraternity to its members properly, C filed an application for bankruptcy immunity with the Seoul Central District Court on December 31, 2012.
B. The Plaintiff joined a fraternity operated by C from January 201 to December 2012, 201, and paid the fraternity, but did not receive the fraternity, and the Defendant is the private village of C.
[Ground of recognition] Facts without dispute, Gap 1, 6, 7 evidence, Eul 3 evidence (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The judgment of this Court
A. On January 201, the Plaintiff’s assertion that: (a) even though there was no ability to operate a normal system, such as being unable to properly pay the guidance money to the members of the fraternity recruited prior to the shortage of funds (hereinafter “the first half-term fraternity”); (b) even after January 201, he/she received the guidance money from the members of the fraternity (hereinafter “the first half-term fraternity”); and (c) received it from the members of the fraternity, he/she committed fraud and liability evasion by either paying the guidance money to the members of the fraternity affiliated with the first half-term fraternity or deducting it through his/her relative relatives.
The defendant, in collusion with C in the above process, was involved in or aided the above illegal acts, such as joining a term deposit and fund, etc. in order to deduct part of the deposit amounts of the fraternity members at the second half of the year from his bank account, and using them as the real estate auction fund.
Even if it is not so, the defendant acquired unjust enrichment by using C’s money as its own time deposit, fund, real estate auction, etc. without knowing the fact that C acquired the said money by fraud or without knowing it by gross negligence.
Therefore, the Plaintiff against the Defendant.