(영문) 서울중앙지방법원 2016.11.03 2015가단5389130

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(영문) 서울중앙지방법원 2016.11.03 2015가단5389130

부당이득금

Text

1. The plaintiff A:

A. Defendant C is KRW 60,000,000 and 5% per annum from July 16, 2009 to February 22, 2016.

Reasons

1. Determination as to the plaintiffs' claims against Defendant C and E Cooperatives

A. Facts of recognition 1) Defendant E-Union (hereinafter “Defendant E-Union”)

(2) Around July 2009, Defendant C agreed to transfer the Plaintiff’s membership status to the Plaintiff by changing the name of the member of the Defendant Union to A, and on July 14, 2009, Plaintiff A entered into an agreement with Defendant C on the premise that the name of the member was changed from the Defendant Union to A, and paid KRW 20 million to the Defendant Union on the same day on the same day, and thereafter Plaintiff A paid KRW 60 million in return for the transfer of the said member’s status to Defendant C on July 16, 2009.

3) In addition, around October 2009, Defendant C agreed to transfer the status of the member of the Defendant Union to Plaintiff B by changing the name of the member of the Defendant Union to that of the Plaintiff. Accordingly, on October 17, 2009, Plaintiff B entered into a membership agreement between the Defendant Union and the Defendant C on the premise that the name of the member of the Plaintiff B was changed to that of the Plaintiff, and on the same day, paid KRW 20 million to the Defendant Union as the subscription fee. On the same day, Plaintiff B paid KRW 65 million to the Defendant C in return for the transfer of the above member’s status. Nevertheless, until now, the Plaintiffs did not have any member registered on the list of the members of the Defendant Union.

[Ground for recognition] As to Defendant C: Each entry of Gap evidence (including serial numbers; hereinafter the same shall apply), Gap evidence Nos. 1 through 4, 6, 7, 10 through 13, and 15 (including serial numbers; hereinafter the same shall apply), the inquiry result of this court's fact-finding with the Dongjak-gu Office, the purport of the whole pleadings, and the purport of the pleading against the defendant union: Confession (Article 150

B. According to the facts of the above recognition 1, Defendant C and the Defendant Union bear the burden on the Plaintiffs.

참조조문

-민사소송법 제150조 제3항

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