(영문) 서울중앙지방법원 2018.11.16 2014가합27413

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(영문) 서울중앙지방법원 2018.11.16 2014가합27413

부당이득금

Text

1. The plaintiff and the plaintiff (appointed parties)'s claims against the defendants are all dismissed.

2. The costs of litigation are assessed against the Plaintiff.

Reasons

1. Basic facts

A. K is a leader who operated a large number of communities in Gangnam-gu, Seoul, and both the Plaintiff, the Plaintiff (Appointed Party), and the Selection Party (hereinafter referred to as “Plaintiffs, etc.”) were all members of the fraternity who participated in the course operated by K.

Defendant D is the services of K, Defendant E is the services of K, Defendant F is the services of K, Defendant G is the services of K, Defendant G is the entire services of K, and Defendant H and I is the services of K.

B. The Plaintiff paid to K a total of KRW 265,00,000 from November 13, 201 to December 27, 2012. The Plaintiff (Appointed Party) paid a total of KRW 483,500,000 from April 7, 201 to December 27, 2012. The Plaintiff paid a total of KRW 271,00,000 from April 27, 201 to December 27, 2012. The appointed Party paid a total of KRW 271,00,000 from April 27, 2012.

C. K was declared bankrupt on March 26, 2013 by filing a petition for bankruptcy with the Seoul Central District Court on December 31, 2012, when K was unable to pay the fraternity due to a shortage of funds.

(2012Hashes13121) d.

K was prosecuted in the Seoul Central District Court on the charge of defrauding a large number of members of the fraternity, including the plaintiffs, etc. [2014Gohap674, 965 (combined)] and the above court acquitted K on September 9, 2016.

However, in the appellate court on July 20, 2018, the Seoul High Court recognized the facts constituting a crime of part of the facts charged against the plaintiffs, etc., including deception and deception, and sentenced the three-year guilty verdict, on the ground that "If the victims did not notify the victims of the fact that the victims received the payment of the payment of the payment of the payment, and even if the victims received the payment of the payment of the payment from around 2011, it would not be able to pay the payment of the payment of the payment, the Seoul High Court recognized the facts charged, and sentenced them to a three-year conviction."

(2016No. 3010) / [Grounds for recognition] / [Defendant 2, 4, and 5] A, entry of Evidence Nos. 1, 3, and 44, and the purport of the whole pleadings

2. Summary of the cause of the claim;

(a) K will hereafter be.

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