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(영문) 서울중앙지방법원 2017.11.17 2016가단5313574

부당이득금

Text

1. The Defendants shall jointly:

A. Of KRW 59,400,000 and the said money, KRW 36,200,000 among the Plaintiff A and the said money shall be from March 4, 2014; and KRW 23,200. < Amended by Act No. 6303, Mar. 4, 2

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 4 (including serial numbers; hereinafter the same shall apply), the defendants are jointly obligated to pay the plaintiff the money set forth in the Disposition No. 1.

2. The defendant C regional housing association argues that the party who shall return unjust enrichment to the plaintiff is not the above defendant, but the D regional housing association. However, each of the following circumstances, which are acknowledged by comprehensively taking into account the purport of the entire arguments in Gap's evidence Nos. 5 through 11, i.e., (tentatively named) the agreement to join the association of the D regional housing association and both the address, representative, and the project site of the C regional housing association are identical under the agreement to manage funds of the C regional housing association, and (tentatively named) the name and the company name of the plaintiffs' association are indicated as the "D regional housing association" but the seal of the representative is indicated as the "member of the C regional housing association"; (iii) the name of the project on the cover of the contract to manage funds is indicated as the "C regional housing association"; and (d) the delegated person of the contract form as the "D regional housing association" respectively; and (d) the plaintiffs' assertion that the plaintiffs' account of the C regional housing association was opened with the contributions of the members of the C regional housing association and the account.

3. Although Defendant L&C asserted that it did not have a duty to return unjust enrichment as an executor, it is claiming damages against the above Defendant on the ground of breach of contractual duty, as seen earlier, as seen in the grounds of the aforementioned claim.