부당이득금반환 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts are the representative director of Plaintiff A, and Plaintiff B, who runs the wholesale and retail business of chemical medicine with the trade name of Plaintiff B, maintained transaction relation with F Co., Ltd. (hereinafter “F”), and the Defendant has been working for F Co., Ltd. from around October 1993 to October 2009 and has been in charge of bond collection affairs, there is no dispute between the parties.
2. Determination as to the cause of action
A. The plaintiffs asserted that they were liable to F with F while maintaining their business relations with F. However, although F did not have granted the Defendant the right to enter into an interest agreement on the above obligation, the defendant deceivings the defendant that the defendant would deliver the interest on the above obligation to F if the defendant would pay the interest on the above obligation instead of delaying the repayment period for the above obligation to F.
Accordingly, from November 7, 2003 to December 2, 2008, Plaintiff A paid KRW 123 million in total by paying in cash to the Defendant or remitting to the account in the name of G designated by the Defendant or the Defendant. Plaintiff B paid KRW 67 million in total by paying in cash to the Defendant from August 8, 2003 to February 2009 or remitting to the account in the name of H and G designated by the Defendant, but the Defendant did not have deposited the above amount received from the Plaintiffs into F.
Therefore, the defendant is bound to return the above amount to the plaintiffs as compensation for damages caused by illegal acts, since he was remitted the above amount by deception.
In addition, since the plaintiffs have withdrawn the above agreement by deceiving the defendant, they have the obligation to return the above amount as unjust enrichment.
B. 1) Determination 1) The part of the Plaintiff’s claim for damages due to a tort is that the Defendant deceivings the Plaintiff A to pay money as interest to F.