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(영문) 부산지방법원동부지원 2019.05.02 2018가합359
부당이득반환
Text

1. The Plaintiff’s claim for the payment of KRW 190,600,000 out of the principal amount of damages corresponding to the amount of defraudation against Defendant B.

Reasons

1. Basic facts

A. On June 9, 2013, the Plaintiff paid money to Defendant B, who received money from Defendant B as the gift expenses for the President or a person in charge of personnel affairs and received money from Defendant B for several times from the time when he/she became aware of the fact that he/she received from Defendant B, “the most part of the E,” who is the secretary in charge of personnel affairs, who is the secretary in charge of personnel affairs at the office of Vice Minister and Vice Minister, and paid 6,000,000 won to Defendant B. However, Defendant B did not have any intention or ability to have the Plaintiff work as the secretary in charge of the office of Vice Minister and Vice Minister, while Defendant B did not have any intention or ability to have the Plaintiff work as the secretary in charge of the office of Vice Minister.

B. As seen above, Defendant B was prosecuted on the charge of deceiving the Plaintiff and receiving a total of KRW 190,600,000 from the Plaintiff to May 23, 2017 by cash or by transfer from the Plaintiff’s account under the name of the Defendant C, based on the facts charged that Defendant B received a total of KRW 128 times from June 9, 2013 to May 23, 2017, which was charged as the Busan District Court’s Dong Branch Branch Branch of the 2018 Godan1804, and the Plaintiff applied for a compensation order under the same court as the same court.

C. On November 29, 2018, the above court found Defendant B guilty of the facts charged against Defendant B and sentenced Defendant B to one year and ten months of imprisonment. At the same time, Defendant B to pay the amount of KRW 190,600,000 to the Plaintiff (hereinafter “instant judgment”). The instant judgment became final and conclusive on January 11, 2019.

Meanwhile, the Plaintiff, in addition to KRW 190,60,00, which was recognized as the fraud in the instant judgment, paid to Defendant B through Defendant B’s account in the name of the Defendant on November 20, 2016, KRW 100,000, and KRW 100,000 on December 27, 2017, KRW 50,000 on December 31, 2017, and KRW 170,000 on January 8, 2018, KRW 150,000 on January 16, 2018, KRW 30,000 on January 22, 2018, KRW 60,000 on February 12, 2018, KRW 10,000 on December 20, 2018, KRW 210,000 on the account of Defendant C.

[Ground of recognition] The fact that there is no dispute, Gap's 2 and 5 evidence, and the purport of the whole pleadings.

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