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(영문) 의정부지방법원 2017.01.19 2016가단8985
부당이득금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a person engaged in the manufacturing and wholesale business of spawn and spawn with the trade name “D” from February 18, 2008 to the date. Defendant B is a father of Defendant E, who is a person engaged in the sales business of the said company by using the position of the representative director of “F of a stock company” engaged in wholesale and retail business, such as electrical and electronic materials, food, and miscellaneous materials, and Defendant E is a inside director of the F of the stock company.

3) In this case, F Co., Ltd., which is a convenience store at the time, is a sales partner that collects goods from several manufacturers and delivers them to sale. It is distinguishable from the middle in that it is involved only in the distribution process. For sale, complex processes of receiving individual supply from a large number of manufacturers may be omitted, and it is convenient for manufacturers to deliver them only to one of the manufacturers. In return, bench companies receive logistics expenses from manufacturers. B. The Plaintiff entered into a lease and fee payment agreement with Defendant B on April 16, 2008, the Plaintiff loaned 56,00,000 won to Defendant B and 20% of the total amount of loans, and the Plaintiff’s payment of the above 15% of the profits from each of the above 10% of the above 10% of the funds deposited in Gap’s account.

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Plaintiff rendered the above KRW 56,000,000 to Defendant B on April 16, 2008 without fixing the time limit for repayment (hereinafter “the instant loan”).

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