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수원지방법원성남지원 2016.12.21 2015가합206672
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 230,00,000 and the interest rate of KRW 15% per annum from June 9, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a construction company established by C religious organizations.

From July 1994, the defendant worked as the head of the building department of the plaintiff, from August 2002 to August 2002, and has been promoted from January 2005 to the head of the headquarters, and ordered by C religious organizations to order the construction cost and the selection of the subcontractor in relation to various construction works performed by the plaintiff, and has been in charge of performing construction works by concluding a prime contract and a subcontract.

B. On June 4, 2008, the Defendant was indicted for committing a crime of occupational breach of trust, etc., with the purport that, among EM projects executed by the Plaintiff, the Defendant conspired with the subcontractor with respect to the subcontracting contract for metal windows among E projects executed by the Plaintiff, the subcontractor was paid a rebates worth KRW 480 million in total from the subcontractor who received the construction payment and received the payment of the construction payment, in collusion with the subcontractor.

(hereinafter referred to as “related criminal procedure”). C.

On June 28, 2008, F, who is the Defendant, entered into an agreement with the Plaintiff to determine the amount of the criminal agreement as 400 million for the Defendant’s prior wife at the first instance court of the relevant criminal procedure (hereinafter “instant agreement”). D.

On July 22, 2008, the defendant was sentenced to a conviction of one year and six months from the court of first instance of the relevant criminal procedure, and appealed against the above judgment. At the appellate court of the relevant criminal procedure, 170 million won out of the agreed amount was repaid, and the defendant was sentenced to a suspended sentence of three years from the above appellate court on October 9, 2008, and the above judgment became final and conclusive.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant was the defendant's representative F, and entered into the agreement of this case with the plaintiff, and the plaintiff thereafter entered into the agreement of this case from the defendant.