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Reasons
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(영문) 서울중앙지방법원 2014.07.17 2013가단130827
부당이득금
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1. The Defendant’s KRW 6,650,823 as well as the Plaintiff’s KRW 5% per annum from December 7, 2010 to January 23, 2014.

Reasons

1. Basic facts

A. The Plaintiff, upon the introduction of Lanman C, agreed to subscribe to the Fund of KRW 30,00,000 in the name of the Defendant and KRW 35,000,000 in the name of the Defendant, and transferred KRW 65,00,000 in the name of the Defendant around July 23, 2007. On the same day, the Defendant transferred the amount of KRW 30,000,000 to Schlage’s character securities investment trust A-1 fund in the name of the Defendant (the amount of actual deposit is KRW 29,70,000,000 (the amount of actual deposit is KRW 29,700,000; hereinafter referred to as the “instant Fund”); and 35,000,000 in the Doesa Doesler A Fund in Securities Investment Trust (the amount of actual deposit is KRW 34,60,00,000, and hereinafter referred to as the “instant Fund”).

B. On December 26, 2007, the Defendant subscribed to three fake Fund of KRW 10,000,000 (A-1, KBE Securities Investment Trust A, and Schro Characters Securities Investment Trust A-1) separate from the Fund of this case.

C. On November 8, 2010, the Plaintiff residing in Japan requested the Defendant to terminate the instant Nos. 1 and 2 funds by entering the Republic of Korea on November 10, 2010.

On November 10, 2010, the Defendant terminated two of the three fakes 10,000,000 fakes 10,000 won under the name of the Defendant (U.S.C. 1 and KBD A). On November 11, 2010, the following day, one of the two fakes 10,000,000 fakes 10,000, and the two funds of this case were terminated. The first fund of this case was not terminated.

E. On November 23, 2010, the Defendant remitted to the Plaintiff KRW 57,360,725,725,790,283,10,000,000,100,000,000,000, totaling KRW 1,838,389,389, and totaling KRW 10,000,000,000 on December 6, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 3, 4, 5, 6, 7 (including additional numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion requested the Defendant to terminate and request the instant Nos. 1 and 2 funds. Accordingly, as of November 10, 2010, the Defendant actually terminated the instant No. 2 funds.

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