logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2017.09.20 2016가단16708
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Puzar Co., Ltd. (hereinafter “Puzar”) awarded a subcontract for the D&D located in Asan City from the Suwon Construction Co., Ltd. (hereinafter “C&D”) on April 1, 2006 to a network F&D (hereinafter “E”) who was engaged in landscaping business, etc. as the trade name “E” around that time.

B. Around July 2006, the Deceased entered into a construction contract with the Defendant, which is affiliated to the landscaping construction business under the trade name of G, and transferred KRW 10,000,000 to the Defendant on July 14, 206.

After that, the deceased requested Puuok to notify the defendant's account and directly dispose of it. On August 2, 2006, 10,500 won was paid to the defendant on August 2, 2006.

C. The Deceased died on July 26, 2007, and the Plaintiff, his spouse, succeeded to this.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 1-1 to 11, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not deliver materials, such as landscaping, to the deceased, but appears to have been written in writing from the deceased on July 4, 2006 (" July 14, 2006"), 10,000,000 won, and 10,500,000 won on August 2, 2006, respectively, shall be returned in unjust enrichment.

B. Therefore, even though the defendant did not supply the deceased with materials such as landscaping, it is not sufficient to recognize the above money only by the descriptions of sprinks, Gap, and 10 evidence, and there is no other evidence to prove this otherwise, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow