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(영문) 대전지방법원 2018.08.16 2016가단222955
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion entered into a sales contract with C, D, and E on October 7, 2009 with respect to H from among the commercial buildings to be newly constructed on a square meter of 3890 square meters in Seo-gu Daejeon, Daejeon, for a total of KRW 400 million with respect to H, and paid in full.

However, on March 8, 2014, I, the actual representative of the non-party company, could not construct a commercial building by transferring the ownership of the above land to the J, a private village partner company, and the above sales contract was terminated. Accordingly, I, the actual representative director of the non-party company, promised to pay to the plaintiff the total amount of KRW 130 million. The defendant is the same company as the non-party company, and thus, is obligated to pay the above money that the non-party company promised to pay to the plaintiff.

2. The lower court agreed to pay to the Plaintiff KRW 130 million by adding the sales price and interest to the Plaintiff, solely on the basis of the evidence submitted by the Plaintiff or the testimony of the witness I and J, the actual representative director of the non-party company, to the Plaintiff.

The defendant or the non-party company is not sufficient to recognize it as the same company, and there is no other evidence to acknowledge it, so the plaintiff's above assertion on this premise is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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