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(영문) 수원지방법원평택지원 2016.08.10 2016가단41314
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) around January 2010, the Plaintiff delegated the Defendant with all authority to conclude a shopping mall lease agreement to operate a mobile phone sales store, and upon the Defendant’s recommendation, the Plaintiff delegated the Defendant with the authority to conclude the shopping mall lease agreement to operate the mobile phone sales store, and the business center located in Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant

(2) On February 12, 2010, the Plaintiff: (a) leased KRW 80 million, monthly rent; and (b) paid KRW 35 million to the said head information and communications; (c) on February 12, 2010, the Plaintiff delivered the premium of KRW 35 million, which is the sum of KRW 35 million, to the said head information and communications; and (d) upon a request to deliver it to the said head information and communications, the Plaintiff additionally remitted KRW 5 million to the Defendant on February 12, 2010; (b) however, the Plaintiff paid KRW 15 million to the said head information and communications; and (c) the Defendant, as a mandatory, did not return the premium of KRW 35 million, which was paid by the Plaintiff under the name of the said head information and communications, to the Plaintiff for the purpose of return the premium of KRW 5 million to the said head information and communications with the remainder of KRW 25 million,500,000,0000,000,000.

B. Determination 1) The burden of proof that the Defendant received the above KRW 25 million without any legal cause is asserted against the Plaintiff. 2) If the Defendant’s receipt of the above KRW 25 million is added to the purport of the entire pleadings as a result of the order to submit financial transaction information to the Plaintiff, the Plaintiff paid each of the above KRW 30 million to the Defendant’s bank account in the name of the Defendant, from February 12, 2010 to the 18th of the same month, from the bank account in the name of the Plaintiff to the bank account in the name of the Defendant.

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