logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.06.19 2014가단43896
부당이득금
Text

1. The defendant shall pay 44,700,000 won to the plaintiff and 20% per annum from August 23, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant operated a debt collection company with the trade name called limited liability company B (hereinafter “B”).

On September 2009, the Plaintiff introduced the Defendant that he well received the outstanding claim from the customer, and thereafter requested the Defendant to collect the claim by preparing a transfer contract and a notice of transfer regarding the claim for the construction price, etc. that the Plaintiff is obligated to receive.

According to the basic contract on the transfer and acquisition of claims prepared by the Plaintiff with B at the time, B stipulates that the obligor of the transferred credit shall directly transfer the debt to the account designated by the Plaintiff, and the Plaintiff shall pay 20% of the recovered amount to B.

B. In the process, the Defendant deposited the lease deposit to the Plaintiff in relation to the lawsuit claiming the return of the lease deposit that C filed against the Plaintiff’s representative director at the time, and the Plaintiff paid KRW 20,000,000 to the Defendant on October 13, 2009.

However, the defendant consumed the above money without using it as deposit money.

The debtor of the claim to be collected in relation to the amount paid as of September 22, 2009, the payment date of which is 4,000,000 U.S. D Co. 4, 200,000 D Co., Dec. 3, 2009; and G 4,000,000 F Co., Dec. 4, 2009; 4,000,000,000 M Co., Ltd. (hereinafter referred to as “F Co. 4, Dec. 4, 2010 on Feb. 25, 2010 5, 200,000,00 wheelchairs wheel Co., Ltd. 6, Feb. 3, 2006; 204,700,700,000 chlof, aggregate of the chlof’s chlof apartment with the total of KRW 19,000,00.

C. In addition, the defendant also requested the plaintiff to pay the money under the name of expenses or deposit money necessary for the lawsuit with respect to the claim that the plaintiff should receive, and the plaintiff paid the money to the defendant as follows.

On the other hand, B, upon receiving a request from the Plaintiff for collection first, would have the Plaintiff receive KRW 5,956,00 from the Plaintiff. On October 27, 2009, B, claiming the fee of KRW 1,191,200 equivalent to 20% from the fee, and received the said fee from the Plaintiff on the following day.

However, the defendant is only one case.

arrow