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The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Plaintiff’s ground of claim
A. The Defendant: (a) around 11:00 on March 19, 2016, in the office of the Defendant, the Defendant, the 1st of Gwangju Northernbuk-gu, (i) paid KRW 30 million in cash to the Defendant on March 21, 2016, who is the representative of the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff of the F Party branch of the F Party branch of the interest, to be a director until March 30, 2016, and (ii) would have tried to offer a bid if the Plaintiff was appointed as a director at one of the agricultural and fishery corporations, H banks, and Korean power; (iii) confirm that the Plaintiff was in custody at the face of the week, and (iv) request G to pay KRW 35 million in the personnel expenses, and (v) said, the Plaintiff paid KRW 30 million in cash to the Defendant on March 21, 2016, transferred the amount of KRW 500,000 in the name of the corporation under the same name.
B. However, even if the Defendant actually received money from the Plaintiff, it was paid KRW 35,00,000 by deceiving the Plaintiff even though it did not have any intent or ability to assist the Plaintiff in bidding through G, and thus, the Defendant is obligated to pay the Plaintiff KRW 35,00,000 for damages arising from the primary tort.
(c)
In the process of receiving KRW 35,00,000 from the Plaintiff, even if the Defendant did not deception the Plaintiff in the course of receiving KRW 35,000 from the Plaintiff, the Plaintiff became final and conclusive that the Defendant did not use the said money in accordance with the purpose or could not use it in the future, even though the Defendant paid the said money for the specific purpose as “ personnel expenses forG”. Thus, the Defendant did not have any legal ground for continuing custody upon receiving the said money, and thus, sought a return of KRW 35,000,000 for the Defendant in preliminary
2. Determination
A. According to the evidence Nos. 1 and 2 of the judgment as to the claim for damages caused by the primary tort, the defendant shall pay money from the plaintiff as the personnel expenses for G, as alleged by the plaintiff.