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(영문) 인천지방법원 2015.04.03 2014나13365
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an employee who introduced and solicits the sale and purchase of real estate in C Co., Ltd. (hereinafter “Nonindicted Company”). The Defendant purchased 330/2,186 shares out of 2,186m2,000,000 from Nonparty Co., Ltd. (hereinafter “instant land”) upon the Plaintiff’s recommendation.

B. On November 8, 2010, the Defendant: (a) purchased the instant land from the Nonparty Company for KRW 42,000,000; and (b) paid KRW 1,000,000 on November 9, 2010; and (c) agreed to pay the remainder KRW 41,00,000 in installments or KRW 4,000 per month.

C. From November 9, 2010 to February 28, 2011, the Defendant paid to the Nonparty Company a sum of KRW 23,000,000 as indicated in the “Defendant Company” column in the attached Table.

On December 31, 2010, the representative E of the non-party company lent KRW 4,000,000 to the defendant, and the non-party company lent KRW 6,000,000 to the defendant on January 1, 2011, and the defendant paid KRW 10,000,000 to the non-party company on January 4, 201 as stated in the attached Table No. 4.

E. On March 201, the Plaintiff: (a) paid the purchase price for the instant land to the Defendant in the name of the Plaintiff; (b) the Defendant, from April 5, 201 to December 12, 2011, paid the Plaintiff KRW 29,370,000, as indicated in the “Defendant Plaintiff” column in the attached Table, to the Plaintiff from April 5, 201 to December 12, 201.

F. From March 31, 201 to October 26, 2011, the Plaintiff paid a total of KRW 29,000,000 (= KRW 4,000,000,000) as indicated in the “Plaintiff E” and “Plaintiff C” in the attached Table attached hereto to Nonparty Company and E’s representative director.

G. On April 23, 2013, the Defendant filed an application against the Plaintiff for a payment order claiming the payment of the amount of unjust enrichment of KRW 4,370,000 with the Incheon District Court Branch Branch Decision 201Da14777, and the said court rendered the said order on April 26, 2013 to the Defendant 4,370.

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