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(영문) 대구지방법원 서부지원 2018.08.22 2018가단50298
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the chairperson of C, the Plaintiff is a person who has run 13 subsidiaries, including D Co., Ltd. (hereinafter “D”) and the Defendant, as the representative director, E Co., Ltd. (hereinafter “E”).

B. On March 9, 2011, the Plaintiff remitted KRW 360 million to the F bank account under the Defendant’s name.

C. On March 9, 2011, the Defendant withdrawn 60 million won from the said account in cash. On March 10, 2011, according to the Plaintiff’s instructions, the Defendant remitted 200 million won to the account under the Plaintiff’s name, who is the Plaintiff’s leakage, and 100 million won to the account under the Plaintiff’s name, on March 14, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 20 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. On March 9, 2011, the Plaintiff asserted that the Defendant claimed the return of 60 million won, out of 360 million won, which he remitted to the Defendant on March 9, 201, as the Defendant did not return it to the Plaintiff so far. Accordingly, the Defendant asserted that the Defendant paid the Plaintiff in cash by withdrawing KRW 60 million on March 9, 201 according to the Plaintiff’s order.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the respective descriptions and arguments of evidence Nos. 1 through 6, and evidence Nos. 2 and the purport of the whole pleadings, namely, the defendant, as the representative director of E, promoted the conclusion and implementation of a contract to purchase twit Foreign CPP and Gear Shec under the name of E from April 7, 201, and the implementation of the contract to purchase twec from D under the name of E from April 15, 201, and processed the detailed contract performance and fund management upon the direction of the plaintiff. On March 10, 2011, the defendant was transferred KRW 360 million to the account under the name of the plaintiff or G, and transferred KRW 100 million to the account under the Plaintiff’s name of H on March 14, 2011, each of which appears to have been dealt with according to the plaintiff’s order.

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