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(영문) 수원지방법원평택지원 2017.06.14 2016가단42577
약정금
Text

1. Defendant B and D jointly share KRW 100,000,000 for the Plaintiff and the Defendant from September 14, 2010.

Reasons

1. On September 14, 2010, the Plaintiff transferred KRW 100,000,000 to the account of the Defendant Company (hereinafter “instant 100,000,000 to the Defendant Company’s account at the request of the Defendant B, which was practically operating the Defendant Company D (hereinafter “Defendant Company”).

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① In relation to the establishment of the Republic of Korea Branch of the Defendant Company’s ED Business, Defendant B may discuss specifically the Plaintiff’s business of confirming the financial ability of the Plaintiff to executives of the Defendant Company, including Nonparty E, etc., and verify the financial capacity by remitting KRW 100 million to the Defendant Company’s account, Defendant B was obligated to return the said KRW 100 million to the Defendant Company immediately following the agreement that the said Defendant would return the instant KRW 100 million to the Defendant Company.

② As Defendant Company and its representative received KRW 100 million from the Plaintiff without any legal cause, Defendant C, in collaboration with Defendant B, has the duty to return the said KRW 100 million to the Plaintiff as unjust enrichment.

B. Defendant B’s assertion (1) received the instant KRW 100 million from the Defendant Company’s account as business expenses for the establishment and operation of the Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of

Therefore, the above money did not simply receive the money to verify the Plaintiff’s ability to pay the money, and there is no agreement to return it immediately following the date when the above 100 million won was received to the Plaintiff.

② On October 6, 2010 among the above 100 million won, Defendant B returned KRW 50,000,000 to the Plaintiff by dividing 10,000,000 each time through Defendant C’s account, and the remainder KRW 50,00,000 has already been secured by Defendant C’s branch offices and sales revenue of ED.

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