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(영문) 부산지방법원서부지원 2020.09.24 2018가합101975
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The plaintiff in relation to the parties and related persons is a person who suffered from fraud from C as the following criminal judgment.

D (former E before the opening of the name, hereinafter referred to as the “E”) shall be the Plaintiff’s son and F shall be the Plaintiff’s son and wife.

The defendant, as a son of C, has left the Republic of Korea on October 31, 2010, and thereafter on March 16, 2014, has entered the Republic of Korea and left the Republic of Korea four times each.

C Around March 2015, the Plaintiff reported the above damage to the Busan Urban Police Station on the ground that, without the intention or ability of C to make a solicitation in fact, C received from the Plaintiff a remittance of the sum of KRW 652,320,000 (= KRW 93,000,000 KRW 41,000,000 KRW 41,000,000 KRW 104,020,000 KRW 20,420,000 KRW 373,50,000) or acquired it by delivery of the check as follows.

From January 13, 201 to July 12, 201, an investigation agency’s solicitation 20,400,000- around January 18, 201 to be appointed as regular teachers (five times) from January 18, 201 to January 20, 201, Busan District Court’s solicitation 93,00,000 E Teachers’ request 30,000 to May 25, 201 to be appointed as 5, Busan District Court’s solicitation 201 to be 41,00,000,000 Busan District Court’s solicitation 20,50,000 to be detained on May 25, 2013 (3 times) to be appointed as Ga University professor around 205,00,000,002 to be employed on May 20, 201 to 205, 204,205,7,2018.

(2015 Gohap176). On May 12, 2015, the Plaintiff filed an application for compensation order with the pertinent court against C on the pending lawsuit.

(2) On August 19, 2015, the above court recognized all the frauds in the facts charged on August 19, 2015, but on the ground that the frauds in the above paragraphs are in a substantive concurrent relationship.

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