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(영문) 서울서부지방법원 2018.03.21 2017가합31906
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

The Plaintiff is the author of the teaching materials published by O Co., Ltd. (formerly, P Co., Ltd.; hereinafter “instant company”). The Defendants entered into a contract with the instant company between 2011 and 2012.

On December 2, 2012, the Defendants submitted to the Mapo Police Station a letter of complaint stating that “The Defendants suffered damages by entering into a contract for the distribution of teaching materials by deceiving the Plaintiff and the executives of the instant company from the officers of the instant company, and purchasing teaching materials published by the instant company.”

The Plaintiff was indicted on suspicion of fraud that the Suwon District Court 2014Hun-Ma1497 (“Seowon District Court 2014Hun-Ma1497”) was “a contract for the distribution of teaching materials was concluded by deceiving victims even if there was no ability or intent to supply teaching materials and received money in the name of subscription

(hereinafter) On August 8, 2014, the Plaintiff deposited the amount equivalent to the amount of damage of the Defendants as stated in the indictment (hereinafter “instant criminal trial”) with the Defendants as the Defendants of the deposited money, and the depositors are the Defendant of Suwon District Court Branch 2014Kadan1497 Fraudulent case, and the deposited money was the Defendant, who was the victim, and the deposited money was provided to the deposited money, but the deposited money was refused to receive the amount of damage and the amount of compensation in excess of the deposited money, and the deposited money was refused to receive the amount of damage provided by the deposited money by the deposited person while seeking the payment of the amount of damage and the amount of compensation in excess of the deposited money, and without the consent of the deposited money (hereinafter “instant deposit”), and filed a report on the restriction of collection of the deposited money to the effect that the Defendant would not claim the recovery of the deposited money until the non-prosecution decision was rendered or the judgment of innocence was

At that time, the Defendants paid all the instant deposit money.

On September 9, 2015, the Plaintiff was acquitted in the instant criminal trial, and the judgment was dismissed, respectively, and it became final and conclusive on January 12, 2017.

[Ground of recognition] dispute.

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