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(영문) 수원지방법원 성남지원 2018.11.27 2017가합1666
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A and the Defendant have known from 201 to 201.

B. In around 2011, Plaintiff A performed civil engineering works in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and on March 1, 2014, Plaintiff A established Plaintiff B (hereinafter “Plaintiff B”) for the purpose of operating a driving range in Gwangju-si D D.

C. From the time of incorporation of Plaintiff B, the Defendant served as the nominal representative director of the said company, and resigned from office on April 7, 2015.

However, from around 2011 to 2015, the Defendant only took charge of fund management for the Plaintiffs in the process of performing civil engineering works in Jincheon-gun and operating the said golf driving range, and the Plaintiff A actually operated the Plaintiff B.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Summary of the plaintiffs' assertion

A. The Plaintiff A paid a total of KRW 513,267,724 to the Defendant under the pretext of construction cost at the site of civil engineering works in Jincheon-gun or remodeling cost of a golf driving range.

However, the defendant used only part of the above money for the above purpose of use and arbitrarily consumed the remaining money.

Therefore, the defendant is obligated to return the amount equivalent to the above embezzlement amount to the plaintiff A as unjust enrichment.

B. The Defendant, on the ground that he manages the Plaintiff B’s account, withdrawn some of the money from the Plaintiff’s account under the Plaintiff’s name without permission or transferred it to the Defendant’s account under the Defendant’s name. The Defendant arbitrarily consumed the membership fee received from the members of the golf driving range without depositing it in the Plaintiff’s account

Therefore, the defendant is obligated to return the amount equivalent to the above embezzlement amount to the plaintiff B as unjust enrichment.

3. Article 741 of the Civil Act provides that “A person who gains a profit from another person’s property or labor without any legal cause and thereby causes a loss to another person shall return such profit.”

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