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(영문) 인천지방법원부천지원 2016.01.22 2015가합2330
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,00 and the Defendants B from May 23, 2006 to December 29, 2015.

Reasons

1. Basic facts

A. The Defendants’ deception against the Plaintiff did not hold a patent right for functional merat lease and heat plant, and did not prepare funds and equipment at all, and even if Defendant D did not have the intent or ability to grant the Plaintiff the exclusive right to sell products domestically and overseas, on April 2006, Defendant B introduced himself/herself to the Plaintiff as the president of E, Defendant B, the president of the Plaintiff, and Defendant C, as the former managing officer, during the April 2006, and made a false statement to the effect that “The Plaintiff would develop the functional merat lease, heat sources, and functional divers and sell the products domestically and overseas,” and that Defendant B and C also said to the same effect as Defendant B and C.

B. On April 22, 2006, the Plaintiff entered into a joint business contract with E, a corporation representing Defendant D and B, with the representative of Defendant D and B, and the Plaintiff entered into a joint business contract with the content that the Plaintiff invests KRW 300 million in the development of the Defendants’ products (hereinafter “instant contract”).

C. Under the instant contract, the Plaintiff paid respectively the Defendants KRW 10 million on April 22, 2006, KRW 100 million on April 28, 2006, and KRW 100 million on May 14, 2006.

On February 17, 2010, on the ground of the aforementioned deception against the Plaintiff (hereinafter “instant deception”), the Defendants in criminal trial against the Defendants was sentenced to a suspended sentence for Defendant B on February 17, 2010, for the following reasons: (a) two years of imprisonment; (b) one year of suspended sentence for Defendant C; and (c) one year and six months of suspended sentence for Defendant D’s imprisonment; and (b) one year and six months of suspended sentence for Defendant D’s imprisonment for each of the convictions (the Government District Court Decision 2009Da1579, 2358 (Merger)). The judgment was finalized on May 21, 2010 (the Government District Court Decision 2010No562).

[Ground of recognition] As to Defendant C and D: deemed confession (Article 150(3) and (1) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act)

2. The parties' assertion

A. The plaintiff's assertion.

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