beta
Text
The plaintiff's appeal and the claims extended by this court are all dismissed.
Expenses for appeal (expenses incurred by the extension of claims).
Reasons
1. The Plaintiff asserted that the Plaintiff established a limited liability corporation in China in order to enable the Defendant of Chinese nationality to find a job in Korea with the issuance of Korean visa, and paid various expenses, such as office rents, while establishing and operating its branch office in Korea.
In addition, the plaintiff opened a mobile phone in the name of the plaintiff and used it for the defendant, and the first mobile phone price of KRW 666,240 was paid on behalf of the plaintiff, and even if the defendant purchased and used the new mobile phone opened at the defendant's request, the defendant was not only damaged but the incidental money was also claimed to the plaintiff.
However, since the Defendant only paid the Plaintiff the communications cost for the first two months, it did not pay the Plaintiff the total sum of KRW 2,876,240 (=2,210,000) and the first mobile phone terminal cost of KRW 2,876,240 (=66,240).
Therefore, since the Defendant gains profit from the Plaintiff’s property or labor without any legal cause, it is obligated to pay to the Plaintiff the sum of KRW 20,000,000 and KRW 22,876,240,00, which is a part of the various expenses related to the issuance and maintenance of the said visa, and the terminal price and communication cost (=20,000,000 KRW 2,876,240).
2. On the part of the defendant's main defense, the defendant first asserts that the plaintiff's lawsuit of this case is not identical to that of the Seoul Central District Court Decision 2018Na15796, which became final and conclusive, and thus res judicata of the above final and conclusive judgment is not effective.
According to the purport of the evidence Nos. 1 through 4, the Plaintiff filed a lawsuit against the Defendant and the Defendant’s spouse D seeking compensation for damages under this court’s 2017 Ghana 276282, around July 2017, and the Plaintiff filed a claim for payment of KRW 20 million by asserting that the Plaintiff would reimburse the Defendant’s compensation for damages or costs arising from the management of affairs, and the said court filed the claim against the Plaintiff on February 6, 2018.