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(영문) 서울중앙지방법원 2017.01.20 2016가합3787
부당이득금반환
Text

1. Defendant C’s KRW 315,000,000 and its amount are 5% per annum from January 29, 2016 to January 20, 2017.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a golf membership trading brokerage company. Defendant C is a financial director of the Defendant Company, and Defendant D (tentative name E) is a business with the Defendant Company.

B. On October 1, 2015, the representative director of the Defendant Company, G, and Defendant C, in the name of a personal business entity called “H (representative: Defendant C)”, have been running a golf membership trade brokerage business under the name of “H”, and completed the registration of the Defendant Company’s continuation on the part of the Defendant Company.

C. The Defendant Company succeeded to approximately KRW 1.5 billion of the H’s obligation at the time of the company’s continuation. From that point, F, G, and Defendant C used the money received as the purchase price from the golf membership purchaser in the past as the fund for the purchase of golf membership membership from other buyers who already requested the purchase of golf membership in the past. The Defendant Company was in the situation where the business manager accumulated, and the company’s operating expenses were not appropriated.

As such, F, G, and Defendant C did not have the intent or ability to intermediate the transaction even if they received the purchase price from the golf membership purchaser, but they did not want to obtain money from the victims as if they would have made a false representation of the purchase of golf membership by securing golf membership products from the victims.

F, G, and Defendant C had no intent or ability to intermediate the sale of golf membership in this case even if they received money from the Plaintiff, because they were to use the money for personal use or for the purchase price of other golf membership buyers.

Nevertheless, Defendant C’s false statement to the Plaintiff, on January 26, 2016 and January 27, 2016, stating that “The Plaintiff would transfer the down payment and remainder to the account in the name of the Defendant Company to the instant golf membership membership (hereinafter “instant golf membership”) in accordance with the foregoing public offering with F and G, as follows.”

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