logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.06 2015나20138
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a buyer who purchased the instant officetels Nos. 414, 415, and 422 in the daily life countermeasure site for the housing site development district in Suwon-si (hereinafter “instant officetels”), and the Defendant was an employee of the instant officetel sales unit.

B. On September 1, 2013, the Plaintiff visited the instant officetel model ice, consulted with the Defendant, and examined the site of the officetel construction, and concluded a sales contract on September 1, 2013 regarding the instant officetel 414 and 415. On September 4, 2013, the Plaintiff concluded a sales contract on the instant officetel 422.

C. Meanwhile, around that time, the Defendant transferred KRW 7.5 million to the Plaintiff.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff should pay 4,50,000 won to the plaintiff at a discounted price of 4,000,000 won for each of the instant officetels at the initial stage of returning 12,00,000 won to the plaintiff. The plaintiff changed his attitude after again and returned 4,50,000 won to the above 12,00 won after deducting 4,50,000 won in advance from the above 12,000 won. Since the defendant did not buy the above tel up until now, he argued that the remaining discounted price should be paid to the plaintiff as originally promised, and the defendant paid 4,50,000 won for each of the instant tel at the request of the plaintiff, and returned 7,50,000 won to the plaintiff. Thus, the plaintiff's claim is without merit.

B. Based on the judgment, there are evidence Nos. 4 (Recording) and No. 6-1 (E) as evidence related to the above assertion among the evidence submitted by the plaintiff, but according to the evidence Nos. 1 and 2-1 of the above evidence Nos. 6-1 is the transaction relation between the defendant and the plaintiff.

arrow