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(영문) 서울중앙지방법원 2017.07.10 2016가단5070785
부당이득금
Text

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

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

Reasons

1. The Plaintiff’s assertion C accepted a siren equipment, such as communications equipment, from the Plaintiff, and proposed that the siren business was defective. The Plaintiff agreed to accept the Defendant’s equipment and transaction partner from the Defendant, and paid KRW 26,234,000 in total.

Since the defendant does not deliver equipment and the customer, the above sales contract is cancelled. The defendant is obligated to pay the above money by return of unjust enrichment, and even if not, C provided and aided the defendant with his own account by deceiving the plaintiff, so the defendant is obligated to pay the above money jointly with C as damages caused by the illegal act.

The plaintiff paid money to the defendant's account and the defendant has a duty to return the deposit equivalent to the amount paid to the defendant's account because of unjust enrichment.

2. According to the statement in Gap evidence No. 1, the fact that the plaintiff remitted KRW 25,784,00 on November 28, 201 to the defendant's account, and KRW 450,00 on January 17, 2012 is recognized, but it is insufficient to recognize that the plaintiff entered into a contract with the defendant to take over siren equipment and transaction partners and paid the above money under the pretext of the contract. Thus, the plaintiff's assertion on return of unjust enrichment premised on the conclusion of contract is without merit.

On the other hand, according to the evidence Nos. 1 and 3-1 and 2 of evidence Nos. 1 and 3-2, the plaintiff filed a complaint with C, and C is not sufficient to recognize that the defendant aided and abetted C's tort by lending his account numbers to C on the sole basis of the fact that "C arbitrarily consumed and embezzled KRW 47,377,00,00 including money deposited in the defendant's account for the purchase of equipment or business expenses while operating the plaintiff and siren."

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