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(영문) 대구지방법원서부지원 2017.11.16 2017가단7662

부당이득금반환

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 Defendant filed a lawsuit against the Plaintiff on July 8, 2010, claiming that “the Defendant lent KRW 45 million to the Plaintiff on July 8, 2010.” The said court rendered a judgment accepting the Defendant’s claim on June 24, 2015, and the said judgment became final and conclusive on July 24, 2015.

B. According to the above judgment, the Defendant received KRW 39,897,930 in the case No. 1181, Seogu District Court Branch Decision 2015No. 1181.

[Ground for recognition] Unsatisfy

2. The Plaintiff asserted and determined that “The Defendant was unfairly liable to return KRW 45 million to the Plaintiff’s representative director C at around October 2010, the amount of KRW 39,897,930, which was paid KRW 39,897,930, which was subsequently determined by the Daegu District Court Decision 2015Da4690.”

The plaintiff's assertion is without merit without need to further examine, as there is no evidence to prove that C paid the defendant a loan of KRW 45 million to the defendant.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.