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(영문) 수원지방법원평택지원 2016.05.31 2015가단7577
부당이득금
Text

1. The Defendant’s KRW 30 million and its relation to the Plaintiff’s KRW 5% per annum from April 22, 2008 to July 9, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, Gap evidence 2, and Gap evidence 15 (including each number), the defendant, even though he thought that he would actually use it for personal purposes, he could be recognized the fact that he received 30 million won from the plaintiff as design cost and acquired it by deception it by the plaintiff on April 222, 2008. The plaintiff could be recognized that "C would give a subcontract for the part of the civil engineering part of the parking lot construction without a moldation to the Han River Construction Co., Ltd., if he borrowed KRW 30 million from the design cost due to the lack of design cost."

According to this, the defendant is obligated to return the above KRW 30 million to the plaintiff with unjust enrichment or compensate the plaintiff for the damages incurred thereby.

Therefore, the Defendant shall pay to the Plaintiff the above KRW 30 million plus damages for delay by adding 5% per annum under the Civil Act from April 22, 2008 to July 9, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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