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(영문) 서울서부지방법원 2018.05.25 2017나39959
부당이득금
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a person operating meal service business, Defendant B is the Director General of the Korea Food Service Association D branch, and Defendant C was an employee of the E Hospital administrative office.

B. The Plaintiff and Defendant B had been the same as an elementary school, but Defendant C became aware of the Plaintiff through the introduction of Defendant B around November 2009 to December 12, 2009, and around February 2010, the Plaintiff introduced the Defendants to the extent that the Defendants were to operate the F when they were to operate the E Hospital funeral hall or FOCot business.

At the time, the E Hospital was engaged in the expansion remodeling of the funeral hall while it was performing the expansion construction, and it was discussed that the E Hospital was directly operated or leased after receiving a loan from the outside company, or that there was a discussion about whether it was directly operated or leased after the construction.

C. The Plaintiff and F wishing to submit a project proposal for the funeral hall and food cream business of the hospital.

On April 12, 2010, F paid KRW 3,000,000 to Defendant C for the purpose of supporting the purchase cost of G membership in E Hospital. On February 25, 2010, F spent KRW 1,000,000 as the expenses for submitting the proposal for the E Hospital’s business rights. On February 25, 2010, the Defendants and the IO located in Gangnam-gu Seoul Metropolitan Government paid the drinking value.

On February 26, 2018, F transferred to the Plaintiff on April 12, 2010, KRW 3,000,000, KRW 1,000,000, and KRW 3,500,000 used as entertainment expenses, such as the drinking value, to the Defendants on May 4, 2010, and notified the Defendants of the transfer of the above credit at around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 10, 13, the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Plaintiff acquired the F’s claim for return of unjust enrichment from F to the Defendants, the Defendants are obligated to pay KRW 7,500,000 to the Plaintiff, respectively.

B. Defendant C shall claim the agreed amount on March 15, 201.

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