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(영문) 수원지방법원 안양지원 2018.10.18 2018가합287
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The key point of the Plaintiff’s assertion was the “slive gift event” around 2009.

원고는 2009. 4경 피고 등과 함께 식사를 하던 중 참이슬 소주병 뚜껑을 땄고, 그 뚜껑에는 ‘3억’이라는 글씨가 기재되어 있었다.

The plaintiff did not return the above lid lid to the plaintiff, and the defendant received 300,000,000 won of the prize in the above event.

Therefore, the defendant is obligated to return the above KRW 300,000,000 to the plaintiff with unjust enrichment.

2. Comprehensively taking account of the following circumstances acknowledged by the Plaintiff’s evidence Nos. 1 and 1 as evidence Nos. 1 and the fact-finding results with respect to the corporation as the subordinate staff of this court, the evidence alone presented by the Plaintiff was derived from the gift events (hereinafter “instant event”) held in the course of the corporation (hereinafter “instant company”), regardless of whether it was before or after the mutual change, in 2009.

It is insufficient to recognize that the Defendant received KRW 300,000,000, or the prize money, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

In around 2009, the instant company proceeded with the instant event by entering winning prizes in the lids of small-and-medium disease.

The premium amount of the event of this case was 5,000,000 won (50), 2, etc. 50,000 won (15,000 won) and 3, etc. 10,000 won (2,00,000 won) and there was no premium amount equivalent to 300,000,000 won.

B. The lids indicated in the photographs submitted by the Plaintiff, alleging that they won the instant event, are different from the form of bottle lids produced by the instant company after being modified in around 2014, and are different from the form of bottle lids produced by the instant company at the time of the instant event.

C. Sheet lids used in the instant event are 10,000 won of the winning lids.

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