logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.11.12 2015가단210254
부당이득금
Text

1. The defendant shall pay 4,504,794 won to the selected parties C.

2. The remaining claims of the Selection C.

Reasons

1. Facts of recognition;

A. On December 27, 2010, the Defendant received KRW 20,000,000 from the Selected C by stating that “The Defendant would subcontract civil and removal works with respect to new construction works of new construction works of new construction works of new construction works of new construction works of new construction works of new construction works of new construction works of new construction sites.” In response, it received KRW 20,000,000 from the Selection C.

B. In relation to the above facts, the defendant was convicted of fraud.

(Seoul Eastern District Court Decision 2014Ra623 decided May 14, 2015). [Reasons for Recognition] A] A without dispute, entry of evidence No. 1 and the purport of the whole pleadings.

2. Determination

A. As to the Selection C’s claim, the Defendant is obligated to pay 20,000,000 won to the Selection C with compensation for damages arising from the above tort. However, according to the evidence No. 1 of this case, the Defendant deposited 5,000,000 won to the Selection C on May 12, 2015, which was the time when the lawsuit of this case was filed, and deposited 15,000,000 won additionally on July 14, 2015, and the Selection C received each of the above deposits as principal of the above damages. Accordingly, the principal of the damages was entirely extinguished as repayment, and the damages for delay remaining from the date of the tort to the date of the above deposit. The amount is the sum of 4,504,794 won as follows: ① the principal amount is 20,000,000 won x 305,000 won x 305,275,275,270

[2] From May 13, 2015 (the day immediately following the date of the first deposit) to July 14, 2015 (the second deposit date), 129,452 won (i.e., KRW 15,00,000 x 0.05 x 63/365) (i.e., ① 4,504,794 won (i., 4,375, 342 won (ii) ② 129,452 won) for principal amounting to KRW 15,00) and (ii) for damages for delay from May 13, 2015 (the date following the date of the second deposit) to KRW 14,50,000).

However, in relation to the defendant's illegal act, the designated person C is KRW 20,000,00 as above.

arrow