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(영문) 대전지방법원 2020.11.13 2019나115189
부당이득금
Text

The plaintiff's appeal and the additional claim in this court are dismissed, respectively.

The plaintiff's litigation costs after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant operate the “Lriju station” located in Ysan-si, and the Defendant works as a small-sized mining technician.

B. The Plaintiff remitted money to the Defendant as indicated in the following table:

On January 29, 2015. 10,00,000 No. 10,000 on the deposit account of the temporary deposit account (on January 29, 2015.

C. On February 6, 2015, upon the Defendant’s request, the Plaintiff transferred the total sum of KRW 19 million to the account under the J’s name on the 12th day of the same month, each of which was KRW 9.5 million.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The plaintiff asserted 1-b. 1, (c) as described in the paragraph (1) of this Article, that the plaintiff paid a sum of KRW 17 million to the defendant, and purchased C's card equivalent to 110% of the amount paid from the defendant. The defendant refused or delayed the provision of the set card despite the plaintiff's request, and the plaintiff claims the payment of the above KRW 17 million by cancelling the sales contract of the set card and restoring the original state to its original state. Accordingly, the defendant did not conclude the "sales contract" as to the set card, but invested in the set-line investment business of the set-line structure, and invested by the plaintiff in the set-line investment business of the set-line structure, not the "sales contract" with the plaintiff, and the defendant delivered the set-line investment money received from the plaintiff to H (the total ksan region and M, and the plaintiff is also provided with the set-line card to the plaintiff, and the plaintiff is not only a person who did not use the set-line card in the name of the plaintiff and the plaintiff's transfer to the other parties.

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