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(영문) 대전지방법원 2018.06.20 2017가단205490

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff is a person who runs the sales business of lighting fixtures and electric equipment with the trade name called Daejeon-gu C, Daejeon-gu, and the defendant was engaged in accounting affairs at the above place of business.

B. On March 9, 2009, the Defendant: (a) arbitrarily, with the fact that the Plaintiff was in charge of the overall business of funds in the said place of business operated by the Plaintiff; (b) arbitrarily, with the deposit account in the name of the Plaintiff, etc. used the Plaintiff’s deposit account; and (c) voluntarily, with the withdrawal of the Plaintiff’s funds totaling KRW 230 million on four occasions, made unjust enrichment on the above money; and (d) thereby, thereby causing damage to

C. The defendant shall return the above KRW 230 million to the plaintiff, and the plaintiff shall first claim the return of KRW 100 million out of the above amount.

2. The fact that the Defendant was engaged in the accounting business at the place of sales of lighting fixtures and electric equipment and appliances with the trade name of D operated by the Plaintiff is not disputed between the parties, or may be recognized by the purport of the entire pleadings.

The evidence submitted by such a plaintiff alone is insufficient to recognize that the defendant illegally withdrawn KRW 230 million from the deposit account of the plaintiff, etc. on March 9, 2009, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.