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(영문) 창원지방법원진주지원 2019.05.29 2018가단33943
부당이득금
Text

1. The Defendants jointly pay to the Plaintiff KRW 155,00,000 and the interest rate thereon from June 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the Republic of Korea, which had been residing in the Guro-si in Japan.

The plaintiff has contributed money to the E Welfare Center, and around April 2012, the above welfare center became aware of the defendant D who was in charge of social workers' work and external cooperation (one-day interpretation).

B. After that, the Plaintiff received information, such as tourism, from Defendant D when visiting Korea, and paid KRW 10 million to Defendant D around April 5, 2013.

C. On October 9, 2015, the Plaintiff stayed in the office of Defendant C, which was the put of Defendant D from January 9, 2016 to January 17, 2016, and from April 30, 2016 to May 20, 2016.

Meanwhile, on the other hand, the Plaintiff remitted total of KRW 158,556,000 to Defendant D’s bank’s deposit account on January 11, 2016, including KRW 102,408,00, and KRW 56,148,00 on May 3, 2016.

E. The Plaintiff filed a complaint against the Defendants as fraud on the ground that “The Defendants, even if the Defendants remitted KRW 158,556,000 to the Defendants on the condition that they were staying in Korea at the time of visiting Korea at the same time for up to two to three years, the Defendants were subjected to deception by examining only four days, even though they remitted KRW 158,556,00 to the Defendants’ house.” However, on November 30, 2018, the Film Branch Office of the Changwon District Prosecutors’ Office did not take a non-prosecution disposition on the ground that there is no evidence to acknowledge that the Defendants had a criminal intent to

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 1, 4, 6 through 10 (including provisional number), witness F testimony, each document forwarding to the Jinwon District Prosecutors' Office, the result of the commission of document forwarding to the Jinwon Prosecutors' Office, the purport of the whole pleadings

2. The parties' assertion

A. For the following reasons, the Defendants are jointly and severally liable to refund to the Plaintiff approximately KRW 3,56,00,000 calculated by deducting approximately KRW 3,500,000 equivalent to the support fees for one month for which the Plaintiff stayed in the Plaintiff’s house, as well as damages for delay.

1) The Plaintiff remitted KRW 158,556,00 to Defendant D (hereinafter “instant remittance”).

The plaintiff's Republic of Korea.

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