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(영문) 서울북부지방법원 2020.05.21 2018가단19283
부당이득금반환 등
Text

1. The plaintiff's primary and conjunctive claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and C are between the plaintiff and C with a well-known knowledge, and the defendant is the mother of C.

B. On May 16, 2014, the Plaintiff heard that he/she would pay off money if he/she borrowed money with operating funds because it is well-grounded in the rice distribution business, such as having a total sales right of Chinese rice from C, and paid KRW 10 million to C.

In addition, the Plaintiff heard that the owner of the land located in Chungcheongnam-do, which has a value equivalent to KRW 4.7 billion from C, obtained 80-90% of the total amount of KRW 4.7 billion as a security of the said land from the said land as rice and can earn a large profit within two weeks, and paid KRW 1.0 billion to C on October 10, 2014.

As the Plaintiff did not receive any profit from the above 1 billion won, C asked C to make an additional payment of KRW 150 million on November 27, 2014 and KRW 40 million on May 28, 2015.

C. Meanwhile, C paid a total of KRW 59,001,50,000, from October 27, 2014 to October 7, 2015, after receiving the above money from the Plaintiff as stated in the attached list, as shown in the attached list.

The plaintiff filed a criminal complaint against C as it did not receive the total of KRW 1.3 billion in payment to C, and the prosecutor charged C with the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Seoul Northern District Court 2018Gohap513.

The above court found C to have concealed the Plaintiff and acquired the above KRW 1.3 billion from the Plaintiff and sentenced C to a conviction of four and a half years of imprisonment. C appealed appealed the above judgment as Seoul High Court 2019No1450, but on September 19, 2019, upon receiving a judgment of dismissal from the appellate court on September 19, 2019, the above judgment of the first instance court became final and conclusive at that time.

E. The Plaintiff on January 2017

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