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(영문) 의정부지방법원 2015.07.02 2014가합50668
부당이득금반환
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. Presumed factual basis

A. In order to raise funds necessary for the resale business of apartment and commercial buildings, the Plaintiff: (a) operated the E-real estate brokerage office in Yongsan-gu in Ilyang-si in 2003; (b) agreed to offer investment funds by adding a profit of 10-80% to the principal to many and unspecified persons; and (c) Defendant C received investment funds from her own investment or her relative, branch, etc. and delivered them to the Plaintiff.

B. In the process of the receipt of the above investment money, the Plaintiff used the account in the name of F and G, the husband’s husband, and the Defendant C used the account in the name of Defendant D, the husband.

C. As listed in attached Table 1, Defendant B remitted KRW 622,00,000 from January 30, 2014 to May 8, 2014 to Defendant D’s account, etc., and received KRW 444,60,000 from February 5, 2014 to July 27, 2014 as listed in attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap 3 through 9, 20, 23 evidence, Eul 1, 8, 9 (including additional numbers), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) Return of unjust enrichment due to the non-existence of a contract: (a) the Plaintiff wired KRW 121,60,000 to Defendant B even though the Plaintiff did not receive the investment money from Defendant B and did not have made an agreement for the return of the investment money; (b) Defendant B received the said money from the Plaintiff without any legal cause; and thus, (c) the Plaintiff ought to return the said money to the Plaintiff in unjust enrichment. (d) From February 13, 2014 to April 19, 2014, the fact that the Plaintiff, as indicated in Table 2, 2, 9, 10, 11, 13, 14, and 15, remitted the sum of KRW 121,60,000 from the account of Defendant B to the Defendant’s account does not conflict between the parties.

Furthermore, Defendant B, without any legal cause, is deemed to have received KRW 121,600,00 from the Plaintiff.

As shown in attached Table 1, Defendant B remitted KRW 622,00,000 to Defendant D’s account, etc. from January 30, 2014 to May 8, 2014.

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