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(영문) 수원지방법원성남지원 2019.10.24 2018가단223763
부당이득금
Text

1. As to KRW 80,00,000 and KRW 40,000 among them, the Defendant shall pay to the Plaintiff the year from July 21, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On June 2017, C, the Defendant’s representative, proposed that “The Defendant plans the construction of multi-family housing and incidental welfare facilities with a total of 2,671 households in the 2,671st unit in the Pakistan-si, and would enter into a service contract for recruitment of the Plaintiff and its members and sales agency, if the Defendant supports KRW 80,000,000.”

B. On June 7, 2017, the Plaintiff deposited KRW 10 million to the Defendant, and KRW 30 million on June 9, 2017, respectively. On June 7, 2017, the Plaintiff deposited KRW 30,000 in the name of the representative director E, and KRW 10,000 in the name of F Co., Ltd. (hereinafter referred to as “F”), in which E is working as the representative director (hereinafter referred to as “Plaintiff, etc.”). The Plaintiff, E, and F, respectively, deposited KRW 1,00 in the name of the Defendant.

C. However, on July 4, 2017, the Defendant concluded a service contract with G Co., Ltd. for the recruitment of union members and the sales agency, thereby failing to comply with the commitments with the Plaintiff.

On the other hand, on June 14, 2019, E transferred to the Plaintiff the claim for return of unjust enrichment of KRW 30 million against the Defendant, notified the Defendant of the assignment of the above claim, F also transferred the claim for return of unjust enrichment of KRW 10 million against the Defendant to the Plaintiff on the same day, and notified the Defendant of the assignment of the above claim.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff et al. acquired the right of rescission due to default. Thus, the defendant is obligated to return the money received from the plaintiff et al. due to the restoration to original state following the rescission of the contract.

On the other hand, the plaintiff acquired the claim for return of unjust enrichment against the defendant E and F, and the defendant served the plaintiff with a copy of the complaint of this case as to the plaintiff's amount of 40 million won and amount of 40 million won (=30 million won), total of 80 million won (=40 million won) and the amount of 40 million won among them.

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