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(영문) 수원지방법원 2017.07.18 2016가단47757
편취금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. According to the evidence No. 1, the Plaintiff’s transfer of KRW 30 million to the Defendant’s account on October 19, 201 (hereinafter “instant money”).

B. The gist of the Plaintiff’s assertion is that the Defendant transferred the instant monetary amount to the Defendant on the ground that “Once the construction of a golf course is completed after the Plaintiff’s departure from the Plaintiff, the Plaintiff would allow the Plaintiff to receive a contract for the next additional construction after the completion of the construction of the golf course.” However, the Defendant could not have received a contract for the additional construction after the completion of the construction of the golf course, and the Defendant deceiving the Plaintiff.

(2) In light of the Plaintiff’s assertion, the instant claim is deemed to have been filed on the ground of the Defendant’s deception.

The summary of the Defendant’s assertion was called to the Defendant that “I would know the Defendant’s account number because I would have become a fluority with the Plaintiff, and the Plaintiff would have been able to use the Defendant’s account number to pay the instant money in the cost of civil petitions related to golf course construction,” and notified the Defendant’s account number to the said E, and the KRW 20 million out of the deposited money was withdrawn in cash and delivered to the E director all of them.

2. Determination

A. The following facts are acknowledged in full view of Gap evidence No. 1 and Eul evidence No. 1 and the results of each order to submit financial transaction information to 0.0 billion won agricultural cooperatives in addition to the overall purport of the arguments.

The instant money was withdrawn in cash on the date of remittance, and KRW 10 million was withdrawn on November 11, 201, a total of 10 million checks on November 201, 201.

The defendant shall settle civil petitions relating to the instant golf course construction works.

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