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(영문) 서울남부지방법원 2017.11.09 2016가합2285

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff and the defendant, such as the status of the parties of the basic facts, are married couple who completed the marriage report on May 17, 1985, or they are currently living separately.

On May 15, 1991, the Plaintiff established C Co., Ltd (the trade name of April 14, 200 was changed to D; hereinafter referred to as “D”) and has been in service as representative director until now. On February 27, 2006, the Plaintiff established E Co., Ltd. (the trade name of March 24, 201 was changed to F) and was in service as representative director by December 21, 201.

Plaintiff

From July 11, 2006 to July 27, 2009, the sum of KRW 515,100,000 (hereinafter “the first withdrawal”) was remitted or withdrawn from the account under the Plaintiff’s name from the corporate deposit account (G; hereinafter “instant corporate bank account”) such as transfer of money from the account to the Defendant’s account (hereinafter “instant corporate bank account”), and from July 27, 2009, the Defendant’s name was stated in the remarks column of the details of said remittance.

On July 11, 2006, 11. 5,000,000 Defendant (B) on July 26, 2006, 35,000,000 on July 26, 2006, Defendant 3 on November 29, 2006, 6,000,000 on March 9, 200, Defendant 5,000 on March 17, 2008, Defendant 5,000,250 on March 17, 2008, and Defendant 6, May 29, 200 on May 3, 200, Defendant 7, 100,00 on July 22, 2009, entered the sum.

(hereinafter the same shall apply)

Defendant 8. On July 23, 200, 200, Defendant 9, totaling KRW 5159,600,000,000 from July 27, 2009 to an enterprise bank account under the name of the Defendant (K) or a single bank (L) account from July 27, 2009, Defendant 515,100,250, totaling KRW 370,900,000 from December 28, 2006 to April 29, 2008 (hereinafter “the second withdrawal amount”), but the name of the Plaintiff was written in the remarks column of the said remittance details.

Plaintiff 6,90,000 on December 27, 2006 (A) 3, 200 on January 26, 2007, Plaintiff 200 on March 28, 2007, Plaintiff 20,000 on August 15, 2007, and Plaintiff 5,000,00 on August 15, 200 on August 2007, 5, 200 on September 21, 2007, Plaintiff 6,00 on October 50, 200, 70,000 on October 15, 207, 200, Plaintiff 10 on October 15, 200, Plaintiff 10 on October 15, 200, Plaintiff 700,000 on October 15, 200 on August 10, 205, 2007