부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendants asserted as the cause of the Plaintiff’s claim have heard the text of the lawsuit that “the Plaintiff would pay the Plaintiff profits through an auction of real estate and found the Plaintiff.” The Plaintiff received KRW 489,800,000 in total from Defendant B to June 20, 2008, and KRW 35,000,000 in total from Defendant C around March 2008, respectively.
At the time of receiving the aforementioned investment money from the Defendants, the Plaintiff did not clearly set the profits from the investment money with the Defendants.
Nevertheless, the Defendants sought the Plaintiff from time to time to time and demanded to change the proceeds, and if they did not receive any proceeds, by threatening the Plaintiff to file a complaint, and thereby, Defendant B received KRW 1,306,00,000 from the Plaintiff, and Defendant C received KRW 155,000 from the Plaintiff, and Defendant B received KRW 816,20,000 (= KRW 1,306,000,000 - KRW 489,80,000), and Defendant C acquired KRW 155,00,000 (= KRW 190,000,000 - KRW 35,000,000) without any legal basis.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 200,000,000, which is part of KRW 816,200,000, and Defendant C is obligated to pay KRW 155,000,000 to the Plaintiff, respectively, as damages for tort or unjust enrichment.
2. Determination
A. The fact that Defendant B remitted total of KRW 489,80,000 to the Plaintiff from February 28, 2008 to June 20, 2008 is no dispute between the parties concerned, and according to each of the evidence Nos. 1 and 2 (including the numbers with above numbers; hereinafter the same shall apply), the fact that Defendant B received KRW 945,00,000 from the Plaintiff during the period from April 21, 2008 to June 13, 2008 is recognized, and the fact that Defendant C paid KRW 35,00,000 in total to the Plaintiff around March 2008, and thereafter received KRW 190,000,000 from the Plaintiff is no dispute between the parties concerned.
On April 21, 2008, 30,000, 000 on April 22, 2008, 2003 April 22, 2008, 200 on April 22, 2008, 30,000 on April 24, 2008, 95,000,000 on April 24, 200, 200 on April 208, 200, 5,000 on April 28, 200, 200,00 on April 28, 200, as well as on May 6, 2008.