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(영문) 서울동부지방법원 2018.06.21 2016가합104133
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

1. Facts of recognition;

A. Defendant D Co., Ltd (former trade name: M Co., Ltd., N Co., Ltd.; hereinafter “Defendant securities company”) is a company with the purpose of financial investment business, such as investment trading business and investment brokerage business, and Defendant B, C, and J (hereinafter “Defendant J, etc.”) has worked in Defendant securities company around 2005.

B. In around 2004 to 2005, the Plaintiff, the purpose of which is housing construction business, carried out a new apartment construction business (hereinafter “instant business”) on the ground of land located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, and entered into a financial advisory agreement with the Defendant securities company to receive financial support or financial intermediary in relation to the instant business from the Defendant securities company.

C. On March 3, 2005, the Plaintiff opened a consignment account (Account Number: P; hereinafter “instant consignment account”) and a domestic beneficiary certificate account (Account Number: Q; hereinafter “instant beneficiary certificate account”) from the Defendant securities company. At that time, the Plaintiff deposited a blank deposit account with the Defendant securities company with a seal of transaction seal affixed thereon.

On April 4, 2000 I Account transfer 10,000 I on April 29, 2005, 10,000 H 3: May 10, 2005; 20,000,000 account transfer on May 11, 2005; 3,970,000 E on May 11, 2005; 6. 90,000,00 for deposit on May 16, 2005; 6. 6. 0,00,00 for 6. 6. 30,00,00,00 for account transfer on May 16, 2005; 6. 6. 30,00,000 for account transfer on May 17, 2005; 6. 10,000,00 account transfer on May 18, 2005; 19,008 account transfer;

D. The defendant securities company from April 4, 2005 to the same year

5. By December 26, 200, Defendant E, F, G, H, I, K, and L Co., Ltd. (hereinafter “L”) collected KRW 1,363,970,70 in total by transferring the money owned by the Plaintiff from the instant beneficiary certificate account or depositing the money owned by the Plaintiff into the other party account (hereinafter “the instant money”).

(2).

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