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(영문) 의정부지방법원고양지원 2015.02.12 2014가단19748
부당이득금반환 등
Text

1. The plaintiffs' claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On November 16, 2012, Plaintiff A contracted 310,000,000 won for Goyang-gu E-ground neighborhood living facilities and new housing construction to Defendant D, who is the Defendant’s punishment.

B. On November 16, 2012, Plaintiff A transferred the construction contract amount of KRW 10,000,000 to the Defendant account at the request of Plaintiff A. Upon Plaintiff A’s request, Plaintiff A transferred KRW 50,000,000 to the Defendant account on November 29, 2012.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant is obligated to deliver 60,000,000 won transferred from the plaintiffs to D under the law and good faith principle, but did not deliver 57,707,100 won out of the above money to D and used it individually. Thus, the defendant is obligated to pay the plaintiff A 10,000,000 won as unjust enrichment or damages, and damages for delay.

3. According to the above facts of recognition, since the defendant received a total of KRW 60,000,000 from the plaintiffs, the defendant received an agreement between the plaintiffs, D, and the defendant, it cannot be viewed as unjust enrichment without any legal ground.

Next, with respect to whether the Defendant, alone or in collusion with D, uses KRW 57,707,10,00, it is not sufficient to recognize it only with health care units, Gap evidence Nos. 5-11 (including paper numbers), witness F’s testimony, and there is no other obvious evidence to acknowledge it otherwise.

4. Conclusion, the plaintiffs' claim of this case is dismissed as it is without merit.

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