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(영문) 서울중앙지방법원 2016.11.24 2012가단351085
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant corporation”) is a law firm established on May 17, 201, and is also an attorney-at-law working in Defendant D and C, and the Plaintiff was also an attorney-at-law working in Defendant corporation from May 17, 201 to March 31, 2012.

B. The Defendant foundation: (a) the case fees, etc. that a member attorney accepted and accepted on his own case were deposited in the bank account in the name of the Defendant foundation, which is managed by each of the attorneys-at-law, rather than the income of the Defendant foundation; (b) the amount of monthly contribution is paid to the Defendant foundation; and (c) the joint costs are equally apportioned by paying a certain amount of monthly contribution to the Defendant foundation; (d) the fees, etc. for the case that a member attorney accepted belongs to the name of the Defendant foundation in form; and (e) the payment of litigation, taxes,

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, witness E's testimony, purport of whole pleading

2. Determination:

A. The plaintiff's assertion (1) although the defendant C promised to provide the defendant corporation's office free of charge to the plaintiff, the defendant C demanded the value of the subsequent promise and paid 21 million won per month to the plaintiff.

Since the Defendants violated the commitment, the above KRW 21 million should be returned to unjust enrichment.

(2) The Plaintiff lent KRW 5 million to Defendant C around June 201.

Therefore, the above loans are liable to return.

(3) In the course of performing artificial insemination work by Defendant corporation, the Plaintiff paid KRW 2.3 million with the consent of the Defendants at the cost of the facilities for blocking waterway.

Therefore, the defendants are obligated to return to the plaintiff the amount equivalent to the above facility cost.

(4) Since approximately KRW 600,000 has been refunded among the surtax paid by the Defendant in 2011, the Defendants are obligated to return it to the Plaintiff.

(5) Ultimately, the following is applicable.

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