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(영문) 서울동부지방법원 2015.02.10 2014가단13021
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at lifelong education, development of software, manufacture and sale through e-learning education.

B. On August 2012, the Plaintiff was aware of the school where his students are able to undergo infant care training, and requested C with respect to the interference of infant care training institutions other than the field of infant care training. Around August 2012, C provided that “the Defendants in charge of infant care training shall pay infant care training fees to the Defendants in charge of infant care training,” and notified the Defendants’ account number.

C. Accordingly, on August 24, 2012, the Plaintiff deposited 1,5510,000 won (47 x 330,000 won) for childcare training expenses for 47 students at the account of Defendant A, and on October 18, 2012, deposited 6,270,000 won (19 x 330,000 won) for childcare training expenses for 19 students at the account of Defendant B.

【Ground for Recognition: Evidence Nos. 1, 3, 4, Evidence No. 1, Evidence No. 1, Evidence No. 3, Witness C’s Testimony, and the purport of the whole pleadings】

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that “the Defendant paid child care practice fees” from C refers to the horses, and deposited KRW 15.51 million to Defendant A and KRW 6.27 million to Defendant B. The Defendants did not contact the Plaintiff and did not introduce the practical training school. Therefore, the Defendants obtained the benefit of acquiring the above money without any legal ground.

Therefore, the Plaintiff is obligated to return unjust enrichment to the Plaintiff, Defendant A is obligated to pay KRW 1,5510,000 for Defendant A, and Defendant B is obligated to pay KRW 6,270,000 for damages for delay.

B. On the other hand, even based on the plaintiff's assertion itself, the plaintiff requested C to intervene in the childcare training institution and deposited childcare training expenses to the defendant's account as designated by C, and even based on the witness C's testimony, C is the issue of dealing with childcare training students from the plaintiff.

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