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(영문) 수원지방법원 2015.11.17 2015가단2160
부당이득금반환
Text

1. The Defendants jointly and severally against the Plaintiff with respect to KRW 30 million and the Defendant B with respect thereto, from April 29, 2015.

Reasons

Facts of recognition

On April 29, 2014, the Plaintiff and the Defendants, “(i) the Plaintiff’s representative D and Defendant B agreed to enter into an agreement as follows, and sent KRW 20 million to Defendant B’s account. ② Defendant B, on April 30, 2014, sold approximately 200 square meters of land abutting on the road as required by the Plaintiff after the bid at the Suwon District Court E on April 30, 2014, at KRW 30,000 of land adjoining the road as required by the Plaintiff (amounting to KRW 20 million). ③ The said forest civil construction work shall be handled as actual expenses. ④ If the auction is not carried out, the Plaintiff shall immediately return the money to the Plaintiff’s account. ⑤ If the auction is held, the Plaintiff shall pay KRW 60 million to the Plaintiff at the scheduled date of the bid (e.g., May 26, 2014), and the Plaintiff shall immediately pay the principal of the agreement to the Plaintiff (e., the Plaintiff shall pay the balance below KRW 30 million).

The Plaintiff’s KRW 20 million on April 30, 2014, and the same year to Defendant B

5. 27. 30 million won was paid respectively.

Defendant C received the decision to permit the sale of the above forest land under its own name on May 7, 2014, but the same year.

7.4. The decision to permit the above sale was revoked.

On July 17, 2014, Defendant C returned KRW 20 million to the Plaintiff.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3 (including each number in the case of additional numbers; hereinafter the same shall apply), and the facts of the judgment as to the ground for a claim as a whole of the pleadings, barring any special circumstance, the defendants shall jointly and severally compensate the plaintiff for the remaining KRW 30 million after subtracting the amount of KRW 20 million paid from the amount of KRW 50 million paid under the agreement of this case, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 29, 2015 to March 11, 2015 to the date following the delivery of the copy of the complaint of this case sought by the plaintiff, and with respect to defendant Eul, from March 11, 2015 to the date of full payment.

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