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(영문) 수원지방법원 2019.07.17 2017가합21148
부당이득금
Text

1. The Plaintiff within the scope of property inherited from the network D

A. Defendant B shall be KRW 165,600,000 and this shall apply.

Reasons

According to the overall purport of evidence Nos. 1, 2, 4 through 7 of evidence Nos. 1, 3 and 8-1, 2, 9, 10, 11, 11, 1, 1, 2, and 3 of evidence Nos. 8-1, 2, and 3, the Plaintiff is a company that mainly engages in the construction of landscaping planting and landscaping facilities and construction, and D, called E, non-standing director, and the president of the F Association, with respect to G projects on August 26, 2016, provides the Plaintiff with advisory services for the conclusion of landscaping contracts and the successful promotion of projects, and the Plaintiff entered into a contract with D with the Plaintiff for advisory services for the payment of remuneration to the Plaintiff, D’s payment of advance payment of KRW 400,000,000 from the remuneration for the services, D’s return of the aforementioned advisory services contract to the Plaintiff within 15 days prior to the expiration of 20,015, and C’s return of inheritance advance payment to the Plaintiff 20.

According to the above facts, the network D is liable for the payment of KRW 276,00,000,000, which was already returned to the Plaintiff from advance KRW 400,000,000, which was deducted from the amount of KRW 124,000,000, which was already returned to the Plaintiff. The obligation was succeeded to the ratio of KRW 3/5 to Defendant B and the shares of Defendant C, and according to the qualified acceptance of the Defendants’ inheritance, the Defendants are liable to perform the inheritance obligation within the scope of the property inherited from the network D.

Therefore, within the scope of the property inherited from the network D, Defendant B (i.e., KRW 276,60,000 x 3/5 x 3/5) and the following day following the delivery of a copy of the claim and cause modification application as of September 19, 2017, the following day from September 22, 2017 to May 31, 2019.

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