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(영문) 광주지방법원목포지원 2017.08.16 2016가단3063 (1)
부당이득금
Text

1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 21, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a)the reasons for the attachment to the indication of the claim and each of the changed reasons for the claim;

(b) Article 208(3)3 of the Civil Procedure Act:

2. Determination as to the claim against the defendant company

A. The Plaintiff’s assertion that Defendant B entered into a mobile phone consignment contract with the Defendant Company and paid KRW 30,000,000 to the Defendant Company as security deposit. Since the above mobile phone consignment contract was terminated, the Defendant Company is obligated to return the above security deposit to Defendant B.

In order to preserve the loan claims against Defendant B, the Plaintiff claims the return of the above deposit amount of KRW 30,000,000 to the Defendant Company in subrogation of the insolvent Defendant B.

B. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-3, Gap evidence 6, 7, Eul evidence 1-3, Eul evidence 20, Eul evidence 22, and 23 (including each number; hereinafter the same shall apply) and the purport of the entire pleadings in relation to the order to submit the tax information of this court and the order of this court to submit the tax information.

① Around May 18, 2015, the Defendant Company entrusted Nonparty D with the sale of wire and wire goods, customer management, etc. with the Defendant Company entered into a contract with the Defendant Company for a two-year term of contract with the Defendant Company, and entered into a contract with the Defendant Company to again entrust the Defendant Company with the duties to subscribe to “D goods and services”, to receive fees, and to follow-up services to the customer, and to pay fees therefor (hereinafter “instant contract”).

At the time, Defendant B paid 30,000,000 won to the Defendant Company, and agreed that the 12-month grace period should be set up in the event that the contract is terminated due to the termination of the contract, etc., and that the Defendant B shall be responsible for the adequate clean rental or ex post facto disposal by leaving

② Defendant B borrowed money from the Plaintiff.

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