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(영문) 수원지방법원성남지원 2014.11.25 2014가단15025
부당이득금
Text

1. The defendant shall pay 50,299,177 won to the plaintiff and 20% per annum from April 5, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff introduced the Defendant to Nonparty Company as the managing director of the Plaintiff Company C (hereinafter “Nonindicted Company”).

B. The Defendant, despite the absence of the intent or ability to accept civil engineering works among the projects, such as “Cheongju District” from the Korea Land and Housing Corporation, had the Nonparty Company enticed the Nonparty Company as if it would have accepted such subcontract.

Accordingly, on September 25, 2008, the non-party company had the defendant take office as the president of the non-party company, and registered the non-party company as a director on September 29, 2008.

C. The non-party company: (a) paid 8.5 million won in cash from November 11, 2008 to September 15, 2009 to the Defendant in relation to the business of receiving orders for the subcontracted project; and (b) leased the vehicle of the body-man to use it.

On May 4, 2011, the defendant was sentenced to a fine of five million won for fraud at the Suwon District Court [201Kadan90 (Separation)].

In addition, the defendant received the legal card from the non-party company as the main business of the above subcontractor, and used the total of 25,79,177 won from October 25, 2008 to February 17, 2009, and used 24,50,000 won as the gift payment of the company from December 26, 2008 to January 22, 2009.

E. On September 3, 2014, while the Plaintiff was urged by the non-party company to share the Defendant’s damages, the Plaintiff was used by the non-party company as the Defendant.

A total of 50,299,177 won, such as the card price stated in the paragraph, was paid.

F. On October 30, 2014, the Plaintiff received the above claim from the non-party company to pay KRW 50,29,177, which the non-party company owns to the Defendant, and the non-party company notified the Defendant of the transfer on October 31, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence (including paper numbers, hereinafter the same shall apply), Eul 1 and 2 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is the non-party.

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