부당이득금 반환
1. The Defendant’s KRW 110,861,760 for the Plaintiff and KRW 5% per annum from November 30, 2009 to December 23, 2015.
1. Basic facts
A. The Plaintiff (C Co., Ltd. changed from February 23, 2006 to A Co., Ltd.) is a company that runs soil construction business, reinforced concrete construction business, packing maintenance and repair business, etc., and the Defendant (D Co., Ltd. to E Co., Ltd. and changed from February 8, 201 to B Co., Ltd. on May 30, 201) is a company that runs civil construction business, construction business, landscaping construction business, etc.
B. From November 25, 2003 to February 8, 2011, F served as the representative director of the Defendant. From May 28, 2003 to May 28, 2006, F served as the Plaintiff’s director from March 28, 2007 to March 28, 2010.
C. On August 14, 2014, in the case of occupational embezzlement, Daejeon District Court Decision 2013Ma4992, the F was sentenced to one year of imprisonment for the reason that he/she arbitrarily consumed and embezzled KRW 127,884,210 over six times from December 29, 2006 to November 30, 209 while he/she kept the construction price, etc. received by the Plaintiff for the Plaintiff from November 29, 2005 to July 201.
The F and the Prosecutor appealed both, but the Prosecutor appealed, but the Prosecutor dismissed the appeal, which became final and conclusive on February 12, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff 1) F, while holding office from November 2005 to July 201, 201, kept the Plaintiff’s construction cost, etc. on behalf of the Plaintiff, and used KRW 122,884,210 for the Defendant’s work expense, fine, and loan repayment. 2) The Defendant, without any legal ground, gains the same profit as the Plaintiff’s property, and the Plaintiff suffered a loss equivalent to the same amount, and thus, the Defendant is obligated to return the said KRW 122,884,210 to the Plaintiff as unjust enrichment.
B. In light of the fact-finding 1’s evidence Nos. 1 and evidence Nos. 4-2 through 7’s overall purport of the pleadings, the Plaintiff between April 25, 2006 and November 30, 2009.