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(영문) 서울남부지방법원 2017.07.25 2017가단214279
부당이득금
Text

1. Defendant A shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from April 4, 2017 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on the basis of recognition (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The summary of the Plaintiff’s assertion (1) concluded a contract for medical product development with the Defendants running C, and paid the Defendants the down payment of KRW 40 million.

(2) However, the Defendants are deemed to be incapable of performing the above contract, and the above development contract is terminated as the service of the copy of the complaint of this case.

(3) Therefore, Defendant B is jointly and severally liable with Defendant A to pay to the Plaintiff the amount of unjust enrichment equivalent to the down payment amounting to KRW 40 million and damages for delay.

B. It is insufficient to find that the Plaintiff entered into a contract for the development of the medical use products with Defendant B, or paid the down payment of KRW 40 million to Defendant B, solely with the statement of No. 3, and there is no other evidence to prove otherwise, the Plaintiff’s above assertion is without merit without having to examine further.

Therefore, the plaintiff's claim against the defendant B is dismissed as it is without merit.

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