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(영문) 부산지방법원 2014.10.07 2013가단49769

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 Defendant enacted the management rules around July 2007 as an organization consisting of sectional owners, etc. of Busan Northern-gu B (hereinafter “SB”) organized around October 2006, and the Plaintiff served as the head of the management office of the non-party shop from October 1, 2002 to September 30, 2008.

B. After completion of the building of the building of the non-party commercial building, the non-party C, the owner of the non-party commercial building, was detained on March 3, 2003, and around March 30, 2003, the non-party C delegated the management right and business right of the share of the non-party commercial building to the Plaintiff, the representative of the non-party commercial building management office, and at the time, C delegated the management right and business right of the share of the non-party commercial building to the non-party commercial building, approximately 20% of each divided ownership of the non-party commercial building and

C. The Plaintiff, while working as the head of the management office of the non-party commercial building, failed to pay electricity charges, etc. used in the non-party commercial building due to the unsold sales lots, borrowed money from the non-party D, etc.

[Ground for Recognition: Facts without dispute, Gap evidence 11, Eul evidence 1-2, each entry in the evidence 1-2, 2-2, and the purport of whole pleadings]

2. Under the premise that the Plaintiff borrowed KRW 10 million from D on May 27, 2003, KRW 10 million from D on June 23, 2003, and KRW 30 million from E on February 19, 2004, and used as the electric charges, etc. of the non-party shop, the Plaintiff claimed the Defendant to pay the above KRW 50 million and damages for delay.

Pursuant to Article 688(1) of the Civil Act, the defendant is obligated to pay necessary expenses and interest thereon incurred by the plaintiff for the management of delegated affairs.

B. The defendant is obligated to return expenses incurred by the plaintiff pursuant to Article 741 of the Civil Act.

C. The plaintiff paid a debt on behalf of the defendant, such as electricity charges, and the defendant is obligated to claim reimbursement against the plaintiff.

The defendant is a manager pursuant to Article 739 (1) of the Civil Act.