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(영문) 광주지방법원 2020.01.30 2019가단507198
부당이득금
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. The plaintiff's assertion

A. On April 2016, the Defendants want to operate a hotel business (hereinafter “instant business”) by extending the building D to 15 stories, and the Plaintiff promoted the instant business.

B. Upon Defendant B’s request, the Plaintiff received the estimate of the construction cost, from around January 2017 to three companies including E Co., Ltd., and paid 13,000,000 won in total to each construction company for the quotation cost, and paid 26,950,000 won to F Co., Ltd. for the expenses for the production of hotel view and sales services in relation to the instant project.

C. Upon Defendant B’s request, the Plaintiff went back several times to Vietnam to connect the D business to Vietnam, and thereby, paid KRW 8,577,477 as fuel expenses, etc. for two and a half years from April 2016 to August 2018.

The Defendants, without any legal ground, have earned a total of KRW 48,527,477 equivalent to the expenses actually incurred by the Plaintiff. Accordingly, the Plaintiff suffered a loss equivalent to the same amount. The Defendants are jointly and severally liable to pay the said money and delay damages to the Plaintiff as the return of unjust enrichment.

2. The unjust enrichment is established when a person gains a profit from another person's property or labor without any legal ground and thereby causes a loss to another person.

According to each of the evidence evidence Nos. 1, 4, 5, A, 8, 1 and 2, Defendant C obtained a building permit for the extension of the instant education center from the Dong-gu Seoul Metropolitan City Office around November 16, 2016, in relation to the instant project, three additional copies of a estimate for construction cost from E, etc. in relation to the instant project, and the fact that the Plaintiff was produced a hotel business plan from F Co., Ltd. in relation to the instant project.

However, the Plaintiff.

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