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(영문) 광주지방법원 2014.12.18 2013가단54982

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. From the Agricultural Cooperative Account under the Plaintiff’s name, the KRW 5 million was deposited into the account under the Defendant’s name or Co., Ltd. (hereinafter “Non-Party Company”) on November 10, 201, KRW 200,000,000 won, KRW 6 million on November 25, 11, 200, and KRW 8.5 million on November 26, 201, respectively, deposited into the account under the Defendant’s name or Co., Ltd. (hereinafter “Non-Party Company”) (the above KRW 5 million and KRW 2 million, KRW 6 million were withdrawn from the Plaintiff’s husband’s husband, and the above KRW 8.5 million was deposited into the Non-Party Company’s corporate bank account on November 26, 2010, KRW 4.5 million and KRW 4 million were recorded in the Plaintiff’s name, KRW 1.6 million in the Plaintiff’s name, and KRW 1 million in the Plaintiff’s name and KRW 1.6 million in each of the Plaintiff Company.

B. On the other hand, on the register of the non-party company, the defendant was appointed as the representative director of the non-party company (former trade name before the change: E) on August 17, 2010, but was registered as retired on April 11, 201.

C. Although the Defendant’s mother was well aware of the fact that it is difficult for investors to pay high interest rate of 10,000 won when they continue to be confined, and that continuous attraction of investors was practically impossible, the Defendant’s mother, among June 2010, issued a false statement to the Nonparty Company’s office located in Gwangju Dong-gu, to the effect that “if investments are made in the company, 10% per month shall be given and the principal shall be returned without framework of six months after the lapse of six months, she may be punished with large amount of money, and this opportunity now is 0,000 won, 200,000 won from D, 10,000 won around November 10, 201, 200, 200,000 won around 10,000 won, 20,000 won around 20,000 won, 10,500 won and 10,015,000 won, 205.16