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(영문) 부산지방법원 2017.05.24 2016가합44731 (1)

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a private school that is established for the purpose of providing secondary education and operates C secondary and high schools.

B. On April 6, 2004, the Defendant, at the time of the Plaintiff’s legal entity, lent KRW 150,000,000 (hereinafter “instant loan”) to E, who is the chief director of the Chigh School, the Plaintiff’s corporate head of the Chigh School, for the purpose of restaurant operation funds, was drafted with a debt confirmation (No. 2) under the name of the president of the Plaintiff legal entity, stating that “the Plaintiff has borrowed the instant loan,” which was “the Plaintiff verified that it has borrowed the instant loan.”

C. The Defendant filed a claim against the Plaintiff for the instant loan, its interest, and delay damages with the claim amount. The payment order was served on the Plaintiff on March 30, 2007, and was finalized on April 14, 2007.

On April 30, 2007, based on the original of the above payment order with executory power, the defendant applied for the Busan District Court 2007TTTT No. 5616 to the deposit claim held by the plaintiff at the lower Dong branch of the National Agricultural Cooperative Federation. On June 7, 2007, the defendant was paid 210,598,070 won from the former branch of the National Agricultural Cooperative Federation at the bottom of the National Agricultural Cooperative Federation on June 7, 2007 (i.e., interest from March 1, 2007 to March 30, 2007) from the following day to April 30, 2007.

(e) The attached Form of relevant statutes is as follows.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (Evidence No. 10, 12, Eul evidence No. 5, and the purport of the whole pleadings) and Eul evidence Nos. 3, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Plaintiff, in collusion with the Defendant’s embezzlement of corporate property or breach of trust with E, creates external appearance as if there were real loan claims, and receives money from the Plaintiff’s deposit through a payment order and a seizure and collection order.