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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff and C are co-representatives of Co., Ltd. D (hereinafter “D”).
The Plaintiff did not enter into a product supply contract with the Defendant on behalf of the Defendant, and even if C entered into a product supply contract with the Defendant, even if C was limited to the joint exercise of the power of representation in the performance of duties, the contract entered into by C alone is invalid as a non-representative act.
Therefore, since the plaintiff remitted KRW 100 million to the defendant without any legal ground, the defendant is obligated to return it as unjust enrichment.
2. Facts of recognition;
A. On July 29, 2015, the Plaintiff remitted KRW 100 million to the Defendant.
B. The Plaintiff filed a criminal complaint against C, E, F, and Defendant, etc. on July 28, 2016, the E, F, and Defendant was subject to a disposition from the Seoul Western District Prosecutors’ Office for the following reasons, and C was prosecuted for a criminal charge.
The Seoul Western District Court Decision 2016Da2227, Seoul Western District Court Decision 2018No4 decided May 3, 2007: (a) the husband and the husband and the husband and the member of G; (b) the defendant and the representative of H, and F, the former director of H; (c) the plaintiff decided to purchase the cosmetic equivalent to KRW 500 million from C through members of G, who are multi-level companies with C and multi-level companies, to make profits from selling the cosmetic; and (d) the plaintiff decided to purchase the cosmetic in the amount of KRW 150 million from the first payment to the second payment; (b) the 100 million out of the first payment amount of KRW 250,000,000,000,000, which was remitted to the Defendant’s account; (c) the remaining payment would be paid if the payment of KRW 100,000,000,000 was not made.
Before remitting KRW 100 million, the Plaintiff stated that the E, F, and the Defendant did not directly deceiving himself, and C is a public contest relationship with E, F, and the Defendant.