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(영문) 전주지방법원 2016.07.20 2014가합4803
부당이득금
Text

1. Defendant B shall pay to the Plaintiff KRW 717,010,278 as well as 15% per annum from August 28, 2015 to the date of full payment.

Reasons

Basic Facts

A. In the process of establishing “F coffee store chain,” the Defendant stated that “the Plaintiff, who suffered from fraud worth KRW 40-5 billion, shall collect money from the sentence working at the Chinese Bank and the Embassy of China,” and that its appurtenances shall be paid KRW 8130,080,000 from the Plaintiff on 46 occasions from July 15, 2013 to October 29, 2013, and the Defendant was convicted of the Defendant’s appeal against the Plaintiff on 15th five years of imprisonment with prison labor for 19,18,829 won in total from August 14, 2013 to September 22, 2013, but both the Defendant and the Defendant was convicted of the Defendant’s final appeal against the Defendant 205 Jeju High Court (Seoul High Court Decision 2015, Jun. 16, 2015).

(Supreme Court Decision 2015Do8697). B.

Defendant C is the father of Defendant B, and Defendant D was in a relationship with Defendant B at the time of the instant case, and Defendant E is the birth of Defendant D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 7 and 8, plaintiff's assertion of the purport of whole pleadings

A. Defendant B’s claim against Defendant B is obligated to pay the Plaintiff KRW 717,010,278,278, which deducts the amount of KRW 116,00,000 paid by Defendant B’s family member, from the above amount of damages or unjust enrichment, by deceiving the Plaintiff, thereby causing damages equivalent to the above amount to the Plaintiff, or obtaining profits without any legal cause. As such, Defendant B is obligated to pay the Plaintiff damages or unjust enrichment, the amount of KRW 116,00,000,000, and damages for delay.

B. Defendant C from Defendant B’s claim against the remaining Defendants

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