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(영문) 인천지방법원 부천지원 2018.03.23 2017가단117277
부당이득금
Text

1. Defendant B’s KRW 88,00,000 as well as 5% per annum from February 2, 2008 to December 22, 2017 to the Plaintiff.

Reasons

1. The facts that there is no dispute between the parties to the judgment as to the claim against the defendant B, each entry in Gap's evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings, the defendant B made a false statement as if he obtained the permission of development on February 18, 2007 without any intention or ability to obtain the permission of development on the plaintiff. Accordingly, the plaintiff paid the defendant B a total amount of KRW 10 million on April 26, 2007, KRW 20,000 on May 11, 2007, KRW 20,000,000 on September 4, 2007, KRW 30,000 on September 4, 2007, KRW 8,000 on December 13, 2007, KRW 200,000 on Feb. 18, 2008, KRW 800 on deposit account under the name of the defendant C.

According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff damages for the tort amounting to KRW 88,00,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 2, 2008 to December 22, 2017, the delivery date of the copy of the complaint in this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(A) The Plaintiff sought the return of unjust enrichment from Defendant B around, but this is a selective relationship between the claim that is compatible with the claim for damages based on the tort, and as long as the Plaintiff received both the claim for damages against Defendant B, it does not separately determine the claim for restitution of unjust enrichment. 2. Determination as to the claim against Defendant C on February 2, 199

A. The plaintiff's assertion that the defendant C jointly and jointly inflicted damages on the plaintiff, which is liable to compensate the plaintiff as joint tortfeasor. Since the defendant B concurrently used the amount of KRW 88,00,000 paid by the plaintiff as above, it is liable to return the above KRW 88,00,000 to the plaintiff as unjust enrichment.

B. Defendant B received the above KRW 88,00,000 from the Plaintiff by means of the account in the name of Defendant C.

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