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(영문) 울산지방법원 2015.03.26 2014가합16292
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. A. Around November 2004, the defendant purchased the land of Seosan-si D and again sold it to the plaintiff, the defendant recommended that the sale price be paid to the plaintiff, and accordingly, the plaintiff investing KRW 60 million around November 9, 2004, KRW 140 million around December 3, 2004, and KRW 200 million in total to the defendant.

However, the Defendant showed a benefit equivalent to KRW 417,601,976 due to the purchase of the above land. Accordingly, even if the Plaintiff’s share is deducted, it reaches KRW 397,601,976 (=total profit 417,601,976 - Defendant’s investment amount of KRW 20 million).

Nevertheless, the Defendant paid only KRW 280 million out of the profits to the Plaintiff. Thus, without any legal cause, obtained benefits equivalent to KRW 117,601,976 (i.e., the difference (=397,601,976 - 280 million) and suffered damages equivalent to the same amount from the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the above KRW 117,601,976 as unjust enrichment return and the damages for delay from July 5, 2005, which is the date of receipt thereof.

[Preliminaryly, in the event that the Plaintiff’s share is recognized as KRW 367,758,688,688, the difference (i.e., KRW 367,758,688 - KRW 280,000)] (b)

Judgment

According to the evidence Nos. 1, 2, and 1, 2-1, 2-1, 2-1, 3-2 of the evidence Nos. 1, 2-1, 3-2 of the evidence No. 1, 2000 won was transferred from the account under the name of E (one bankF) to the substitution transaction on Nov. 9, 2004. On the same day, 27 million won was transferred from the account under the Plaintiff’s husband G (one bank H) to the bank account under the name of I. A. around December 3, 2004. around June 28, 2005, KRW 2,7450,000 was deposited into the above account under the name of G, and around July 1, 2005, KRW 300,000 was deposited into each of the above accounts under the Plaintiff’s own name.

However, the above facts alone are between the Plaintiff and the Defendant.

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