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(영문) 인천지방법원 2015.05.26 2014가단43013
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Plaintiff’s assertion

On April 24, 2013, the Plaintiff delegated the Defendants, an attorney-at-law, to handle the affairs of collecting the money by defraudation of the Plaintiff’s D et al. and paid KRW 100 million with the starting money.

However, the Defendants performed their delegated duties in an indefinite manner, and the Plaintiff terminated the delegation contract with the Defendants at the end of April 2014.

The Defendants shall return the remainder of the retainer payment that the Plaintiff paid to the Defendants, excluding justifiable remuneration during the continuation of the delegation contract. Since the appropriate remuneration to the Defendants is equivalent to KRW 10 million, the Defendants are obligated to return unjust enrichment to the Plaintiff the remainder of the retainer payment of KRW 90 million and delay damages from May 1, 2014, which is the day following the termination of the delegation contract.

According to the overall purport of evidence Nos. 18-1 and 2 and the arguments, Nonparty E filed a lawsuit against the Plaintiff on the claim against the Plaintiff for performance of the commitment amounting to KRW 779,980,000 on September 13, 2013, which was concluded by the Plaintiff on September 30, 2013. The Plaintiff was assigned a claim based on the above protocol of settlement from E, and the claim based on the above protocol of settlement was transferred from E on January 16, 2015, under which the instant lawsuit is pending, with the claim amounting to KRW 93,597,600, out of the amount based on the executory protocol of settlement under this Court No. 2014-4092, Jan. 16, 2015, the amount of KRW 93,597,600, out of the amount of the amount of the claim based on the above executory protocol of claim against the Defendants, the subject matter of the instant lawsuit, and the attachment and assignment order is recognized to the Plaintiff.

The amount of money up to January 21, 2015, which is the date when the seizure and assignment order of the claim for return of unjust enrichment of this case filed against the Defendants by the Plaintiff (i.e., KRW 90,000,000,000 90,000 x 5% x 266/365 x 266/365), which is the date when the above seizure and assignment order became final and conclusive, shall not exceed the claim amount of the above seizure and assignment order. The instant case sought by the Plaintiff.

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