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(영문) 창원지방법원 2018.06.15 2017가단5535
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant registered as an intermediate wholesaler No. 33 of the Fisheries Cooperatives C (hereinafter “AF”) on January 1, 200, and runs wholesale and retail business with the trade name of “D”.

B. Around October 2009, the Defendant requested the Suhyup Bank to approve E, the Defendant’s children, as an intermediary wholesaler’s agent (convenor). On October 26, 2009, the Suwon Bank designated E as the Defendant’s intermediary wholesaler’s agent, but terminated the designation as an agent on December 31, 2016.

An intermediary wholesaler's agent may only request a cooperation so that he/she may process an auction conducted in a collaboration for any reason, and registered as a person who is entitled to participate in the auction on behalf of an intermediary wholesaler "the act of receiving a successful bid for goods listed in the auction on behalf of an intermediary wholesaler."

C. Upon receiving a request for funding from E, the Plaintiff paid KRW 30 million on September 29, 2014, and KRW 20 million on October 14, 2014 as a bank account under the name of the Defendant, and paid KRW 220 million on December 22, 2014, and KRW 8 million on May 20, 2015 as a bank account under the name of Defendant’s wife F, respectively.

The Plaintiff asserted that the Plaintiff paid KRW 13 million on March 25, 2015, and KRW 15 million on January 4, 2016 to a bank account in the F’s name, but there is no evidence to acknowledge this.

E on January 3, 2016, “68 million won was lent to the Plaintiff for business funds from November 2014 to December 30, 2015, and was deposited in the passbook in the name of D (B, and F) and agreed to refund at the time the bondholder wishes.

The offer of security agrees to provide the office in the name of G as security.

Interest shall guarantee business operating profits and minimum 20% per annum.

I have drawn up a loan certificate stating "......"

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3 and Eul 1, 2 and 2, and the result of each fact inquiry into the C Fisheries Cooperatives of this Court, the purport of the whole pleadings

2. Request for the name holder's responsibility or user's responsibility under Article 24 of the Commercial Act;

A. The Plaintiff’s assertion E is the Plaintiff around November 2014.

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