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(영문) 대구지방법원 2015.04.24 2014가단55403

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that was trying to implement C University D Campus development project (hereinafter only referred to as the “instant project”). The Defendant is a professor of the said school from December 2008 to the head of the pertinent university’s military support system, department, etc.

B. The Defendant promoted the instant project according to the delegation or instruction of the president of the pertinent university E.

C. Around June 2008, F, the representative director of the Plaintiff Company, was the introduction of the visiting professor G of the said university, and became the president and the Defendant of the said university E at the G-type cafeteria located in Daegu East-do, and became the consultation on the instant project.

F은 2008. 10. 8. 대구 달서구 H 소재 I 주점에서 피고와 G을 만났고, 그 자리에서 F은 피고에게 100만원권 자기앞수표가 든 봉투를 건넸다.

E. On October 9, 2008, F consulted the Defendant and the above E with the Defendant, or entered into a contract on the execution of the instant project with the Defendant on behalf of its own.

바. F은 2009. 6. 30. 위 대학교 앞 오리고기집 K에서 G과 피고를 만나 피고에게 5만원권 돈이 든 봉투를 건넸다.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 6 (including virtual number), and the purport of the whole pleadings

2. On Oct. 8, 2008, the Plaintiff asserted that the Defendant, on Oct. 8, 2008, ordered KRW 20 million to smoothly implement the instant project by proxy. On Jun. 30, 2009, the Plaintiff, who wishes to obtain authorization or permission for the instant project, provided money to the Plaintiff and paid KRW 20 million to the Plaintiff. The Defendant, who acquired the said KRW 40 million for personal use, is obligated to return the said money with unjust enrichment.

The defendant recognizes that he received money from the plaintiff on each of the above dates.

However, the plaintiff was 40 million won, but the defendant is only 20 million won.