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(영문) 대구지방법원 2014.09.02 2013가단17558

부당이득금반환

Text

1. The Defendant paid KRW 27,528,55 to the Plaintiff KRW 5% per annum from January 21, 2011 to September 2, 2014.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff, Defendant, and Nonparty C are joint investors and Co., Ltd. D (hereinafter “Nonindicted Company”).

- The Plaintiff and the Defendant agreed to acquire and operate the non-party company after having invested KRW 50 million, and KRW 40 million, respectively, and acquired and operated the non-party company. The details of the Plaintiff’s specific investment are as follows: (a) on January 20, 2009, remittance of KRW 30 million from the Defendant’s MSS Mutual Savings Bank account under the Defendant’s name to the non-party company account on February 9, 2009 - remittance of KRW 10 million from the Plaintiff’s wife-type E’s account to the non-party company account - Payment of KRW 3 million for the office rent of KRW 1 million - 6 million for the office rent of the non-party company’s office room - 6 million for the non-party company’s office equipment cost of KRW 5 million - 5 million for the Defendant, and the Plaintiff borrowed KRW 365,68,000 to the non-party company.

The details of the plaintiff's specific lending are as follows.

- Transfer of KRW 10,00,00 in the Plaintiff’s wife’s name on June 9, 2009 – Transfer of KRW 10,00,00 in the name of F on December 10, 209 – Transfer of KRW 10,00,00 in the name of E on December 28, 2009 – Transfer of KRW 683,000 in the name of E on January 20, 2010 – supply of KRW 683,00 in the name of E - Total of KRW 4,580,00 in the name of E from February 2, 2009 to January 12, 2010; KRW 4,580,00 in the Plaintiff’s total of KRW 480,00 in the Plaintiff’s loans and KRW 480,00 in the name of 30,50 in the Plaintiff’s loans; KRW 16810,400,610.

B. Defendant 1, Defendant 1, and C acquire the non-party company by making joint investments.