(영문) 서울남부지방법원 2015.05.20 2014가단31930

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(영문) 서울남부지방법원 2015.05.20 2014가단31930

부당이득금반환

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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 as well as 20% per annum from July 6, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On April 201, the Plaintiff agreed to join the fourth unit in the Defendant’s name in the number system (hereinafter “instant system”) from the Defendant, and the main contents of the instant system are as follows.

(1) Amount: 50 million won (2) number of old accounts: 40 (1,250,000 won per unit) period: from May 28, 2011 to August 28, 2014: 40 months from May 28, 2011 to the payment period: 1,250,000 won per unit on the 28th day of each month; and 300,000 won after the payment of the time limit; and

However, the time limit for which he receives the time limit money shall be deducted from the time limit money.

B. The Plaintiff paid a total of KRW 30 million to the Defendant six times from May 27, 201 to October 25, 2011 under the pretext of the deposit.

C. Of the above money received from the Plaintiff, the Defendant paid the Plaintiff a total of KRW 20 million from May 201 to August 201, 201, and paid KRW 10 million from September 201 to October 201 to D with the Defendant’s omission.

From May 28, 2011 to July 28, 2011, the instant system was operated from May 28, 201. The Defendant, on behalf of the Plaintiff, joined a total of five unit of accounts, including four unit of accounts opened in the name of the Defendant on behalf of the Plaintiff, and received KRW 50 million (43,750,000, which deducts KRW 6,250,000 from the deposit amount of five unit of accounts in the actual process) No. 1 on May 28, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-2 and 3, the purport of the whole pleadings

2. According to the allegations and the facts of the above recognition, the Defendant, despite the fact that the instant fraternity had already been dispatched before August 28, 201, was obligated to return the fraternity payment due to the strike of the instant fraternity to the Plaintiff, on the ground that the Defendant continued to receive the fraternity payment from the Plaintiff even thereafter, and the Plaintiff received the time limit deposit No. 1 with the sequence of No. 1 of the instant fraternity.

As such, the Defendant received the payment amount of KRW 30 million from the Plaintiff.

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