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(영문) 부산지방법원동부지원 2010.10.07 2009가단28853
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion that "the plaintiff, while being employed as a teacher of D High School under C (hereinafter "C") of the school juristic person C (hereinafter "the plaintiff), retired from office under the name of the crime of forging private documents, etc., but when the judgment of innocence became final and conclusive as to the forgery of the above private documents, etc., the defendant, who was in office as the chief director of the school juristic person C at the time, was at the time, who sought the means of restoring the above private documents to the school, shall be asked to settle the retirement pay retroactively from the plaintiff's bank account at around August 20, 2003, and shall collect 100 million won in cash from the plaintiff's bank account at around August 20, 203, and then deliver the above KRW 100 million to the defendant at the seat of the defendant's president, who was in E, but the defendant did not settle the plaintiff's retirement pay as agreed, the defendant is obligated to return the above KRW 10

B. In light of the records as to whether the Defendant received KRW 100 million in cash from the Plaintiff around August 20, 2003, the facts of the Plaintiff’s head of the Tong as to August 20, 2003, and the facts of the Plaintiff’s head of the Tong as the Defendant’s head of the Tong on August 20, 2003, and the Plaintiff’s head of the Tong as the Defendant’s head of the Tong on August 20, 2003. However, it is difficult to find that the above facts alone are sufficient to find that the said money deposited by the Plaintiff for the purpose of delivering it to the Defendant, or that the Plaintiff was paid KRW 100 million in cash on the bank between the Plaintiff and the head of the Tong, or that there was no other evidence to prove otherwise.

The Defendant appeared as a witness in the case of fabrication, etc. of private document by the Plaintiff, Busan District Court 2005Kadan834, Busan District Court 2005Kadan834, and testified to the effect that the Plaintiff did not have cash 100 million won in a bank between the Plaintiff, and was indicted for perjury by the Daegu District Court 2006Kadan6292, but the said court was indicted for perjury.

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