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(영문) 인천지방법원 2019.01.09 2016가단30561
부당이득금반환등
Text

1. As to KRW 22,563,396 and KRW 20,00,00 among them, the Defendant shall pay to the Plaintiff the year from July 21, 2015 to January 9, 2019.

Reasons

1. Facts of recognition;

A. The Defendant was sentenced to a suspended sentence of two years on April 28, 2016 for the following criminal facts in the embezzlement case of Incheon District Court 2015 Godan8027, which became final and conclusive around that time.

The Defendant (Defendant) and the victim (Plaintiff of the instant case) jointly invested and purchased a 16,463 square meters of forest C in Incheon-gun, Incheon-do (hereinafter “the instant forest”) and concluded a partnership agreement with the content that sell the forest and distribute the purchase price to 50:50 (hereinafter “instant partnership agreement”).

The Defendant invested KRW 75 million in accordance with the instant trade agreement with the victim, and purchased the instant forest in the name of D on June 10, 2004 by the Defendant’s mother on or around September 22, 2009, but sold the forest in the name of KRW 620 million from E to 8 other than E on or around September 22, 2009, and received KRW 420 million on or around September 22, 2009, including KRW 20 million on or around the end of the same month, and KRW 350 million on or around the end of the same month, and KRW 350 million on or around October 2, 2009, and received KRW 20 million on several occasions from around April 4, 201 to August 2014 as the remainder.

However, the Defendant, out of KRW 420 million, received as down payment, paid KRW 20 million as a brokerage commission, and distributed KRW 200 million with the victim respectively. However, 100 million out of KRW 200,000,000, which was received as the remainder, was embezzled by voluntarily consuming it for personal purposes, such as the living expenses of the Defendant around that time while being kept for the victim.

B. On the other hand, on June 20, 2015, the Plaintiff and the Defendant agreed to pay to the Plaintiff the remaining KRW 100 million out of the purchase price of the instant forest, and KRW 8.1 million out of the purchase price of the instant forest, KRW 16.2 million, up to July 20, 2015, and written a letter of commitment (hereinafter “instant letter of commitment”).

C. After preparing the instant letter of undertaking, the Defendant paid 8.1 million won to the Plaintiff on October 16, 2015 as the purchase price for the said road site, and only 80 million won on March 31, 2016.

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