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(영문) 서울중앙지방법원 2014.08.13 2013가단299849

부당이득금 반환

Text

1. Defendant D shall pay to the Plaintiffs KRW 39,375,664 as well as 20% per annum from January 16, 2014 to the date of full payment.

Reasons

1. The plaintiffs' claims against Defendant C and E

A. Basic facts 1) On August 23, 201, the Plaintiffs: (a) between Defendant E, a representative, and F through Defendant E; (b) the building located in G in Gu Government-si, the ownership of which is, (c) the Plaintiffs; (d) the building located in Gu Government-si.

(B) 1 multi-household housing (hereinafter referred to as “J Borrowing”) under construction of G, I and ground buildings in Gwangju City and F-owned Gwangju City.

(B) The exchange agreement between B and B provides that the Plaintiffs shall pay the difference of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

(2) As to the payment of the above difference of KRW 200 million, the Plaintiffs paid KRW 100 million to F as the down payment on the day of the instant exchange contract, and the remaining KRW 100 million was agreed to pay each of the remaining KRW 100 million on September 30, 201, and paid KRW 100 million on the day of the instant exchange contract to F. The said KRW 100 million was the money provided by Defendant C to Defendant E.

3) On August 24, 201, the day following the instant exchange contract, around August 24, 201, it was revealed that F borrowed money from JJ-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-B-B-B-C-B-B-B-B-B-C-B-B-B-B-C-C-C-B-B-C-C-C-B-B-B-C-B-B-B-C-B-C-B-B-B-B-B-C.

The Plaintiffs withdrawn KRW 100 million and remitted the said deposit to the bank account under Defendant C’s name.

5. On the other hand, on September 16, 201, the plaintiffs received a complaint against F on the charge of fraud, and thereafter.