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(영문) 인천지방법원부천지원 2017.11.22 2016가단23726
손해배상(기) 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion is a person who has worked as a regular director for the plaintiff company, and the defendant committed an illegal act of taking 37,350,000 won in collusion with C by receiving the construction cost from the plaintiff, and the plaintiff was unjustly provided with KRW 1,181,80,800, vehicle subsidies, KRW 7,400, and KRW 3,000, criminal agreement amount, KRW 3,500,000, and KRW 3,500,000, and KRW 52,431,820. The defendant is obligated to pay to the plaintiff a total sum of KRW 52,431,820 as compensation for unjust enrichment or tort.

B. Determination 1) The Plaintiff is a company engaged in indoor building work and engineering work, and the Defendant is not in dispute between the parties who worked in the position of "commercial affairs" from May 1, 2008 to September 2016. 2) The fact that the Defendant transferred money several times from January 13, 2009 to December 9, 2014, from January 13, 2009 to December 3, 2000, for which C had worked for the Defendant several times, to the Defendant's bank account. However, the above fact of recognition and the statement of evidence Nos. 1, 5, 6, 7, 8, and 9 are insufficient to recognize that the Defendant committed a tort against the Plaintiff's assertion, and there is no other evidence to support this.

Meanwhile, even if the Defendant received money (vehicle fines, vehicle subsidies, criminal agreement fees, hospital fees) from the Plaintiff, the said money was paid without legal grounds.

There is no evidence to deem that payment has been made through a tort.

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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