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(영문) 수원지방법원 성남지원 2017.03.15 2016가단13306
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 21, 2008, the Plaintiff and C Co., Ltd. (hereinafter “C”) were supplied and sold by the Plaintiff as a C’s agent with PE street lamps, PED tunnels, etc., and C provided the Plaintiff with business information, business information, business consulting, etc., and the Plaintiff entered into a contract for the supply of goods with the content that the Plaintiff pays 30,000,000 won to C in return for business support activities (hereinafter “products supply contract”).

On January 29, 2008, the Plaintiff remitted KRW 27,500,00 to C’s bank account.

B. From June 13, 2007 to November 12, 2007, the defendant was registered as the representative director of the D Co., Ltd whose trade name has been changed from C, and the defendant's type E was registered as the representative of the above company.

C. On July 13, 2012, the Defendant established the FF Co., Ltd. (hereinafter “F”) and operates F as a representative director.

On January 2013, from around July 2013 to around July 2013, the Plaintiff, while working in F, received benefits from F. On February 21, 2014, the Plaintiff, between F and F, sold ES lighting products produced or distributed by F by engaging in its business activities, and entered into an arrangement for brokerage commission that F pays to the Plaintiff.

[Ground of recognition] without any dispute, Gap's evidence 1, Gap's evidence 2, Gap's evidence 4, Gap's evidence 15, Eul's evidence 1 through 4 (including branch numbers), and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion 1: (a) the Defendant sold the goods of C, a de facto personal company run by the Plaintiff; and (b) proposed that the amount of the agreement be paid at the sales consulting cost; and (c) the Plaintiff concluded a sales contract and paid KRW 27,500,000 to the Defendant.

However, the plaintiff continues to exist due to the absence of the sales product originally proposed by the defendant, the actual bankruptcy condition of C, etc.

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