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(영문) 서울중앙지방법원 2018.12.19 2018나28234
부당이득금
Text

1. Of the judgment of the first instance, the part against Defendant C and D among the judgment of the first instance is revoked, and the plaintiff as to the revoked part is the defendant C and D.

Reasons

1. Summary of basic facts and peace;

Don Don Don Don Don in a new day, so that it can be found

I are prepared to be able to satisfy only throughout their lives without being able to receive a large amount of income, suspension, care, and income in the low-income company.

4.5 ton wing 8m50 900 ton work hours on board 180 to 180 to 180 to 700 to m (many important) and to the cost maintenance and low cost maintenance and driving training during the time of confirmation of work, up to the work hours on board 6:18 p.m. per day during the regular work hours, 2:3 p.m. and 12.m. delivery of large-scale industrial products within the Seoul Metropolitan area in 12.m. per day.

A. On January 2017, the Plaintiff received from Defendant D the instant message with the following advertising content (hereinafter “instant message”).

B. After receiving the instant message, the Plaintiff visited Defendant D with an office of the Defendant Company B (hereinafter “Defendant Company”), around February 15, 2017, visited the office of the Defendant Company B (hereinafter “Defendant Company”). At all times, the Plaintiff explained about the cargo transport business, etc. from Defendant C, the representative of the Defendant Company.

C. On February 23, 2017, the Plaintiff: (a) decided to purchase and operate a rolling stock through the Defendant Company; (b) prepared a letter of transfer and takeover of a motor vehicle between the Defendant Company and the Defendant Company, setting the purchase price of KRW 67,00,000; and (c) entered into an entrustment management contract with the Mod Transport Company on March 7, 2017.

On the other hand, on February 17, 2017, the Plaintiff paid KRW 1,000,000 to the Defendant Company as contract deposit, and thereafter, in accordance with the Defendant C’s proposal, the Plaintiff borrowed KRW 67,00,000 from F on February 27, 2017. The said loan was paid to the Defendant Company on the pretext of automobile price, business number expense, etc.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 2 through 7, the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. The Plaintiff’s assertion that the Defendant Company is the Plaintiff.

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