logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.20 2018가단5240793
부당이득금
Text

1. The Defendant’s KRW 72,862,00 for the Plaintiff and the following: 5% per annum from February 11, 2019 to February 20, 2020 for the Plaintiff.

Reasons

1. The fact of recognition ① The Plaintiff is a person who purchases a Alley from Hong Kong and sells it again to Japan in the Incheon International Airport Transfer Zone to obtain gains profits from market price by selling it.

② Around August 2018, the Plaintiff purchased approximately KRW 50,000 per unit of money from the Defendant, D, E, and F, which is the investors of Nonparty C collected by Nonparty C. Of which, the Defendant invested KRW 130,000 won, KRW 130,000 won, KRW 30,000 won, and KRW 50,00 won, respectively.

(hereinafter the above five investors, including the Plaintiff, were referred to as “C Investment Group.” On the other hand, the Plaintiff returned to the Defendant at the Defendant’s request, the amount of KRW 35 million out of the above KRW 130 million.

③ At that time, the Plaintiff purchased 4 million won from Nonparty G and H (hereinafter “G, etc.”) separately from the C Investment Group, including 30 million won that he/she lent to G, etc., and purchased 200 million won as a total.

④ The Plaintiff and the said investors left Hong Kong on September 5, 2018 and disposed of approximately KRW 384,30,000,000 ( approximately KRW 42,70,000 per opening) in total with the conversion of won currency. The Plaintiff and the said investors left the Republic of Korea to exchange the disposal price in Korean currency, including D, which well knows the illegal exchange of the Philippines.

⑤ The Plaintiff and the above investors agreed to distribute the disposal price at the ratio of the investment amount. D and the Defendant led to the distribution of the money exchanged in the Philippines, and the Defendant gave C the remittance of KRW 10.6 million to C and KRW 1.7 million to G, but did not transfer the disposal price at the same rate to the Plaintiff.

【Fact-finding without any dispute, Gap's evidence 1 through 8, Eul's evidence 1 through 7 (each of the evidence Nos. 12, 6, and 7 shall correspond to the above-mentioned facts), the part corresponding to the above-mentioned facts among the testimony of the witness C and D, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is the Plaintiff’s instant case.

arrow