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(영문) 부산지방법원 2019.08.22 2018가단306214

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 10, 2017, the Plaintiff received a total of KRW 440,000,000 from the Defendant for tax invoices of KRW 220,000 in the name of “household supply and installation,” and paid KRW 440,00,000 to the Defendant around that time.

B. Around December 29, 2017, the Defendant issued a tax contract of KRW 440,000,000 with respect to the said money to the Plaintiff, and returned KRW 380,000 to the Plaintiff around that time. D Co., Ltd. operated by the complainant (A and the Plaintiff) was awarded a subcontract with the Defendant for the “Ftel construction work” in Busan Young-gu, Busan, and the said E Co., Ltd. was awarded a subcontract with the Defendant for the said Makkel Corporation.

On October 10, 2017, the suspect entered into a contract with the complainant to proceed with the instant officetel construction work, and received KRW 440,000,000 from the financial account under the name of the defendant.

On December 22, 2017, the suspect received the notification of return of the said construction cost from the complainant who failed to prepare the above officetel, but returned the said amount of KRW 380,000,000, and embezzled the remainder of KRW 60,000 at will.

C. The plaintiff filed a complaint with the defendant's representative director C, etc. to have embezzled the defendant's business in relation to 60,000,000 won [= 440,000,000 won - 380,000,000], and the summary thereof is as follows.

Since then, it is difficult to see that the suspect is in the custody status of 440,000,000 won for the complainant, and the investigation agency made a disposition against the suspect that he is suspected of being suspected.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff paid KRW 440,00,000 to the Defendant for the additional construction work related to the Plaintiff’s Young-gu G and H ground officetels construction work.

However, the above work plan is changed and the plaintiff and defendant.