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(영문) 서울중앙지방법원 2016.06.03 2015가단75795
부당이득금
Text

1. The Defendant: (a) KRW 32,500,000 for the Plaintiff and KRW 20% per annum from April 7, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts B is a person who operates the CFE Exchange that brokers transactions in golf membership, and the defendant is a company that runs the sports membership brokerage business.

The defendant informed B of his knowledge that golf membership in D remains in water, and the plaintiff recommended B to purchase the above golf membership, and transferred KRW 42,500,000 to B on August 5, 2013.

B For the same month as August 5, 2013

6. Two times, the Defendant remitted the said money received from the Plaintiff as the down payment for the said golf membership purchase price.

However, when the golf membership seller withdraws his intention of selling and then the sale was no longer made, B requested the defendant to return the above money.

However, on August 28, 2013, the Defendant refused to return and appropriated the said money arbitrarily set off the Defendant’s loan claim against B.

The Plaintiff was returned KRW 10,00,000 from B on September 5, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4-2, the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the plaintiff concluded a deposit contract with the defendant on the above golf membership purchase fund through B, and since golf membership trade was no longer effective, the above deposit contract also becomes invalid, the defendant asserts that the plaintiff should pay 32,500,000 won remaining after deducting the amount of KRW 10,000 which was returned from B from the amount of KRW 42,50,000 paid to the plaintiff.

On the other hand, the defendant asserts that the above money was received from B as the fund for the purchase of golf membership, but since the purchaser was unaware of who was the purchaser, the contract was not established with the plaintiff.

B. The following circumstances acknowledged by the evidence adopted earlier, namely, the Defendant and B continued to engage in golf membership brokerage transactions for ten years. The Defendant transferred money from B.

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