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(영문) 서울중앙지방법원 2016.05.25 2015가단5189873

부당이득금

Text

1. The Defendant’s KRW 12,451,00 as well as 5% per annum from June 15, 2012 to May 25, 2016 to the Plaintiff.

Reasons

1. The Defendant filed a marriage report on August 11, 2007 with Nonparty C (hereinafter “non-party”) of the Plaintiff’s father, and the Plaintiff transferred the total of KRW 16,570,000 from September 3, 2007 to June 14, 2012 to the Defendant’s national bank account as shown in attached Table 1. From May 29, 2007 to November 29, 2010, the Plaintiff transferred the total of KRW 6,220,000 from the Plaintiff’s SC bank account to the Defendant’s national bank account as shown in attached Table 2.

B. On November 14, 2012, 2012, the Defendant filed a lawsuit against the Nonparty, who is the wife, to divorce, consolation money, custodian, and person with parental authority (hereinafter “related case”), and “1. The Plaintiff and the Defendant are divorced. The Plaintiff and the Defendant dismissed the Plaintiff’s claim for consolation money on June 24, 2014.” The appellate court filed a counterclaim and proceeded with the ruling of recommending reconciliation as of February 19, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1, 2, Gap’s 5-1, 2, and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff remitted 22,190,000 won to the defendant who was the plaintiff who was the plaintiff's action (i.e., KRW 16,570,220,000) to the non-party who was his/her father and the non-party who was the defendant's wife. However, the defendant claimed that the non-party should pay 2,219,000 won and delay damages to the defendant for each conjunctive tort, and that the plaintiff should pay 2,219,000 won and delay damages to the non-party on November 26, 2007, KRW 10,000,000, and KRW 300,000,000,000 to the non-party on January 9, 2008, the defendant did not have any obligation to return it to the non-party as the plaintiff's words sent to the non-party on each ancillary tort.

B. On March 21, 2011, the Nonparty (i) is the Nonparty’s wife on March 21, 201.