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(영문) 서울중앙지방법원 2016.06.02 2014가합26489

부당이득금반환

Text

1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 323,01,98 as well as the period from May 29, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff remitted C total of KRW 300 million on October 6, 2005, KRW 275 million on December 12, 2005, KRW 25 million on October 12, 2005 (i.e., KRW 25 million on January 24, 2006), KRW 150 million on March 7, 2006, KRW 150 million on September 13, 2006, KRW 10 million on September 1, 2006, KRW 10 million on October 23, 2006, KRW 20 million on February 5, 2007, KRW 10 million on April 11, 2008, KRW 3 million on May 15, 2015, KRW 1000,000 on May 15, 200.

B. The said money was lent by the Plaintiff for the purpose of investment in the optical-si hot spring development and cable car business conducted by D, a corporation with which C is responsible for the representative director.

C. C agreed on May 3, 201 to pay KRW 100 million up to August 31, 201, adding up the costs for the request for auction filed by the Plaintiff three times and the Plaintiff’s three times.

On the other hand, with respect to the money borrowed from the plaintiff on October 5, 2005 under the name of investment, the defendant, as a director of D Co., Ltd., conducted the above business with C, issued a promissory note, respectively, with C, to the plaintiff, with a face value of KRW 600,000,000,000 per share value as of June 30, 2006, the due date of January 23, 2006, and a promissory note with a face value of KRW 150,00,000,000 per share value as of June 30, 2006, and the due date of March 7, 2006.

E. The plaintiff is at the auction procedure for real estate owned by the defendant in Seoul Central District Court E and F (Dual).

261,988,012 won was paid by participating in dividends based on the promissory note claim stated in the paragraph.

F. Meanwhile, as C did not repay its debt, the Plaintiff filed a complaint against C on suspicion of fraud, etc.

G. In addition, the Plaintiff filed a lawsuit with C and the Defendant as a co-defendant to ask them jointly and severally liable. On December 7, 2015, the instant lawsuit is pending, the Plaintiff and C shall pay the Plaintiff KRW 65 million, and the Plaintiff and C shall separately pay KRW 323,01,988, which is the claimed amount, by December 30, 2016.