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(영문) 서울중앙지방법원 2018.04.19 2017재가합5030
부당이득금
Text

1. The part concerning the defendant (the plaintiff) among the judgment subject to a retrial shall be revoked.

2. The plaintiff (the defendant)'s claim.

Reasons

1. On March 16, 2016, the Plaintiff in the judgment subject to a retrial filed a lawsuit against the Defendant, F, and D with the Seoul Central District Court 2016Gahap3787, stating that “The representative director F, In-house director, the Defendant, and the team leader D of the Co., Ltd., by deceiving the Plaintiff to purchase membership rights at a golf course, thereby inducing the Plaintiff to transfer KRW 315 million to B account of the Co., Ltd., thereby causing considerable damage to the Plaintiff.” The Defendant, F, and D, each of the joint tortfeasor, are liable to compensate the Plaintiff for damages of KRW 315 million and delay damages therefrom. On January 20, 2017, the said court rendered a judgment dismissing the Plaintiff’s claim against the Defendant, and rendered a decision dismissing the Plaintiff’s claim against D (hereinafter referred to as “instant judgment subject to a retrial”) by adding the Plaintiff’s claim against the F, the court rendered an additional judgment on July 27, 2017-17.

Accordingly, the fact that the original decision in this case became final and conclusive because the Defendant did not file an appeal is apparent in the record.

2. Determination as to the existence of a ground for retrial

A. The facts of recognition 1) Defendant and F, G, P, Q, D, R, and S were indicted on March 30, 2016 under the Seoul Central District Court Decision 2016Da273, 307 (Joint) and 360 (Joint) of the Seoul Central District Court (Seoul Central District Court Decision 2016Da273, 307 (Joint) and the 360 (Joint) of the facts charged that the Defendant and F, G, Q, Q, D, and S conspireds the victims to obtain the proceeds of golf membership purchase and deceiving them as if they would not have any intent or ability to intermediate such transactions even if they received the proceeds from the purchaser of golf membership, thereby deceiving them as if they would procure the proceeds of golf membership purchase with a total of KRW 3.47,261 million from the victims including the Plaintiff, and acquired them by transfer under the pretext of the purchase price.

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