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(영문) 광주지방법원 2019.01.16 2017가단504553
부당이득금
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 15% per annum from April 3, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd (hereinafter “Nonindicted Co., Ltd”) is an executor who newly constructs and sells an officetel building on five lots, such as Seo-gu, Seo-gu, Gwangju.

B. On September 25, 2014, Nonparty F entered into a sales contract with Nonparty Company for E-building G (hereinafter “instant officetel”) and Nonparty H acquired the sales right of the instant officetel from Nonparty F (hereinafter “instant sales right”).

C. The Defendant, who was employed in the coffee shop operated by Nonparty H, entered into a sales contract with Nonparty H to purchase the instant purchase price of KRW 40,000,000 on November 2014, and paid KRW 30,000,000 to H as a part of the purchase price after borrowing KRW 30,000 from the IF and paying KRW 10,000 to H as a part of the purchase price.

The Defendant does not work at a coffee shop operated by H, and does not need to purchase the instant officetel.

E. Nonparty H introduced Nonparty J to purchase the instant officetel to the Defendant, and upon Nonparty J’s good offices, concluded a sales contract on April 13, 2015 between the Plaintiff and the Defendant for the instant sales right (hereinafter “instant contract”).

At the time of entering into the instant contract, Nonparty K, the Defendant’s agent, attended and sealed the Defendant’s seal in the instant contract for the sale of officetels (No. 1-2).

The purchase price of the instant contract was KRW 5,000,000, and the Plaintiff paid KRW 30,000,000,000, out of the purchase price, to the I Association in order to repay the loan that the Defendant borrowed from the I Association, and the remainder of KRW 25,00,000, to the J.

J paid KRW 15,00,000 among them to H, and H appropriated the said money to the balance of the purchase price that was not received from the Defendant.

F. The non-party company is not more than L Co., Ltd. with respect to the sale of E.

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