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(영문) 수원지방법원안양지원 2017.05.12 2016가합102219
필요비상환 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. 1) The Plaintiff, who was engaged in the business of remodeling and selling real estate, was delegated by the Defendant from March 2008 to November 201, 201, to perform the business of analyzing real estate rights, registering, remodeling, leasing, etc. In the process of performing the said business, the Plaintiff received some necessary expenses, such as the purchase price of real estate, construction cost, etc. from the Defendant in the process of performing the said business and used them for the said purpose. (2) The Defendant, when he acquired the expenses by deception to the Plaintiff on January 2015, which was more than three years after the termination of the delegation relationship, would threaten the Plaintiff’s personal body if he did not return

or intimidation to file a criminal complaint.

On January 29, 2015, the Plaintiff paid 149,771,695 won to the Defendant on January 29, 2015, on the ground that the Plaintiff could not respond to the Defendant’s intimidation due to the military exchange of family members at the time, and that the evidence was not found.

However, the above payment of KRW 149,771,695 is a declaration of intention by coercion, and thus the purport of the claim of this case and the application for modification of the cause of the claim shall be revoked.

Therefore, the defendant is obligated to pay to the plaintiff 149,771,695 won as unjust enrichment and delay damages.

B. The Plaintiff filed a claim for the refund of necessary expenses, as delegated by the Defendant, did not receive the necessary expenses as set forth in the following items, and the Defendant is obligated to refund the said amount to the Plaintiff totaling KRW 169,274,682, and delay damages.

Expenses for remodeling construction works 31,692,584, 692, and 61,640,000 in total including expenses for remodeling construction works 12,774,000 auction real estate surveys and travel expenses, etc. 169,274,682 of the expenses for remodeling construction works for a certified judicial scrivener 10,69,621,220 of the expenses for sales of an officetel in the first place, which is the amount of money divided into the necessary expenses for an object.

C. In addition, the Plaintiff is performing the delegated affairs with the delegation from the Defendant.

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