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(영문) 서울남부지방법원 2016.02.17 2013가단70143

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a person who engages in construction business, and the Defendant is a person who operates an architectural design office in the trade name of “C,” and the Defendant, jointly with D, conspired with D to pretend that there exists a false construction contract, and to deceive the Plaintiff as if he were to give a subcontract, thereby deceiving the Plaintiff with money.

B. D approaching the Plaintiff on early 2008, the design was underway for the construction of the parking lot of a total of 3 billion won to be implemented in the river site, including Seongdong-gu Seoul, Seoul, etc. (hereinafter “instant construction”). Since it is possible for the Plaintiff to give a subcontract for the said construction work, D would give a prior payment of KRW 30 million as part of the design cost to the Plaintiff, and the Defendant displayed the actual design outline drawings to the Plaintiff.

C. Accordingly, on April 22, 2008, the Plaintiff sent KRW 30 million to the Defendant at the Defendant’s building office, and D prepared a receipt of KRW 30 million in the name of the principal and gave the Plaintiff.

Therefore, the defendant is obligated to pay the plaintiff the damages amounting to 30 million won and damages for delay caused by fraud.

2. First of all, the judgment is not sufficient to acknowledge the evidence of the plaintiff's submission in collusion with D, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.