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(영문) 의정부지방법원고양지원 2014.12.17 2014가합1775
부당이득금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff served as the Defendant’s director from March 24, 2003 to January 31, 2007.

B. On May 18, 2006, the Plaintiff registered as a business operator in the name of Hyundai Motor Co., Ltd. entered into a sales contract with Hyundai Motor Co., Ltd. to purchase D-C-C-C-C-C-C-C-C-C-C-C-C-S-C-S-C-S-C-S-C-S-C-type (hereinafter “instant passenger vehicles”) and completed the Plaintiff’s registration of ownership on May 22, 2006.

[Grounds: Facts without dispute, entry of Gap evidence 10]

2. The plaintiff's claim for return of unjust enrichment against the defendant

A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion) derived operating income from the use of the instant passenger vehicle owned by the Plaintiff without permission from February 1, 2007 to December 31, 2013. During the same period, the Defendant, while managing the Plaintiff’s deposit account, obtained a total of KRW 590,040,453, including all subsidies deposited in the Plaintiff’s deposit account.

The defendant shall return 590,040,453 won to the plaintiff, but the plaintiff shall be entitled to 100,000 won as part of the claim.

See The defendant's argument that the defendant held that the plaintiff of this case registered the title of the plaintiff, and used the plaintiff's account for the operation of the village bus No. 52. Thus, the subsidy that the plaintiff deposited in the plaintiff's deposit account shall be reverted to the defendant.

B. In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, 11 through 18 (including a serial number), the defendant entered into a sales contract with Hyundai Automobile Co., Ltd. on or around April 2006 to purchase the passenger car of this case from Hyundai Automobile Co., Ltd., and paid the total purchase price of the passenger car of this case to Hyundai Automobile Co., Ltd. by May 12, 2006, and ② the defendant is the passenger car of this case to be used for the operation of the village bus of 52 at the time of the strike.

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