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(영문) 서울남부지방법원 2015.01.15 2014가단219716

부당이득금반환 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, the cause of the instant claim, from October 200 to 2004, operated a company that connects an ovum and sperm provider with an infertility father, etc.

From around 2001, the Defendant had worked for the Plaintiff’s management company, and around June 2004, the Plaintiff demanded KRW 200 million by threatening the Plaintiff to know the company’s confidential information to the press.

Accordingly, the Plaintiff transferred KRW 100 million to the Defendant on June 11, 2004 in order to prevent the exposure of information from an ovum provider and an infertility father, etc.

The plaintiff paid KRW 100 million to the defendant without choice due to his or her psychological and mental distress, such as the possibility of business discontinuation and various lawsuits due to the defendant's intimidation, which constitutes an unfair juristic act where there is a significant imbalance between payment and consideration, and thus is null and void.

Ultimately, the defendant received money from the plaintiff without any legal ground and thereby suffered damages equivalent to the same amount. The defendant should pay the plaintiff the above amount of KRW 100 million and damages for delay with return of unjust enrichment.

2. The fact that the Plaintiff worked for C Co., Ltd. (the representative director: the Plaintiff) at the time when the Plaintiff asserts, and the fact that the Plaintiff paid KRW 100,000,000 to the Defendant on June 11, 2004 is either a dispute between the parties or may be acknowledged by the statements in the evidence A Nos. 1 and 2.

However, there is no evidence to acknowledge that the Plaintiff’s payment of KRW 100 million to the Defendant constitutes either a threat by the Defendant or a juristic act with a significant imbalance between payment and consideration.

Therefore, the plaintiff's assertion is without merit without further review.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.