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(영문) 수원지방법원 2017.08.17 2016가단531566
부당이득금
Text

1. The Defendant’s KRW 20,506,474 with respect to the Plaintiff and KRW 5% per annum from September 3, 2016 to August 17, 2017, and the next day.

Reasons

1. Basic facts

A. The Defendant is a person who engages in the sales business, such as the mid-to-face stud of the trade name, "D," under Article 224 of the building C in Ansan-si.

E was registered as D's employee.

B. On May 25, 2016, E was indicted as Suwon District Court No. 2015Da3754, and the above court rendered a judgment that E is punished by imprisonment with prison labor for six months for the following criminal facts. Upon receipt of the decision to recover the right to appeal, E filed an appeal under the Suwon District Court Decision No. 2017No215, and the above court rendered a judgment that E is punished by imprisonment with prison labor for six months on March 16, 2017, and the above judgment became final and conclusive on March 24, 2017.

1. On December 15, 2014, E concluded that, even if the Plaintiff sells the Plaintiff’s vehicle on consignment, the fact merely thought that it would be used for personal debt repayment, etc., and that the Plaintiff would immediately pay the purchase price at the highest price, despite having no intent or ability to pay it to the Plaintiff, and that it was sold to KRW 32,90,000 by delivery from the Plaintiff for the Plaintiff’s HW car (hereinafter “the instant car”), and acquired property benefits equivalent to KRW 27,012,948,00,000, excluding KRW 5,887,052, excluding the installment payment for the vehicle.

2. On January 16, 2015, E made a false statement to the effect that even if the Plaintiff sells the Plaintiff’s vehicle on consignment, the fact merely thought that the payment would be used for personal debt repayment, etc., and that the Plaintiff would sell and sell the instant truck (hereinafter “the instant truck”) and pay the price to the Plaintiff, despite having no intent or ability to pay it to the Plaintiff, and then, he/she sold the said truck at KRW 54,00,000 after delivery from the Plaintiff and sold the said truck at KRW 6,449,482, and remitted the payment to the Plaintiff at KRW 33,480 and KRW 14,000,000, excluding KRW 33,480,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2.

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