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(영문) 서울중앙지방법원 2017.06.09 2016가합525430
부당이득금
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the defenses by Defendant B, C, and D that the amendment of the purport of the claim is unlawful

A. The Plaintiff filed the instant lawsuit on May 3, 2016 and the amendment of the purport of the claim asserted that Defendant B, C, and D (hereinafter “Defendant B, etc.”) transferred at his/her own discretion money deposited in the Plaintiff’s account from around 2011 to June 2015, Defendant B, etc., to Defendant B’s president, general secretary, and financial director, from around 201 to June 2015, Defendant B, etc., and requested Defendant C to return unjust enrichment of KRW 49,47,910 against Defendant C, and interest for arrears against each of the above amounts.

Then, on March 16, 2017, the Plaintiff: (a) reduced unjust enrichment against three parties, including Defendant B, to KRW 48,240,70; (b) Defendant C21,862,100; and (c) Defendant B, etc. to KRW 42,796,400; and (d) Defendant B, etc.; (b) Defendant B, etc. transferred money in the Plaintiff’s account to their own account to three parties; and (c) Defendant B, etc., did not keep evidentiary materials, such as preparing accounting materials; (d) violated the Plaintiff’s duty of care as president, general director, and financial director; and (e) accordingly, the Plaintiff was liable to pay consolation money to the Plaintiff; (c) based on Articles 390, 750, and 760 of the Civil Act, the Plaintiff added a claim for reimbursement of KRW 10,00,000 and delay damages therefrom.

B. The Plaintiff’s claim for return of unjust enrichment by Defendant B, etc. and the claim for consolation money added on March 16, 2017 are without the identity of the basis of the claim, and the legal procedure of this case is considerably delayed, and the addition of the above claim is unlawful.

C. Article 262(1) of the Civil Procedure Act provides, “The plaintiff may alter the purport or cause of the claim to the extent that the basis of the claim is not altered until the conclusion of pleadings: Provided, That the same shall not apply where it substantially delays the proceedings.”

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