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(영문) 서울중앙지방법원 2015.01.21 2013가단329818

대여금및부당이득금반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) lent KRW 10 million to Defendant B on January 30, 200, and KRW 230 million on April 2, 2009. Since then, Defendant B was awarded a subcontract for electrical construction among the new construction of D school in Namyang-si in early early 201, and the Plaintiff asked Defendant B to lend construction cost to the Plaintiff on April 29, 201, and lent KRW 10 million on May 14, 201, and KRW 30 million on May 31, 201, to the Plaintiff on May 31, 201. Accordingly, Defendant B is obligated to pay the Plaintiff the total amount of KRW 630,000,000 and damages for delay (in addition, Defendant B received the said money from the Plaintiff without any legal cause, and thus, was obligated to return the said money from the Plaintiff as unjust enrichment.

2) Defendant C, as the spouse of Defendant B, jointly uses the said money while jointly conducting an electrical construction business with Defendant B, and Defendant C is jointly and severally liable to return the said loan and unjust enrichment to the Plaintiff.

B. Defendant B’s assertion was paid KRW 10 million from the Plaintiff on January 30, 2009, KRW 2300,000 on April 2, 2009, KRW 29, million on April 29, 2011, KRW 14,000,000 on May 14, 201, KRW 6330,000 on May 31, 201, and KRW 63 million on May 31, 201, KRW 300,000 and KRW 300,000 on April 30, 200, and KRW 50,000 received from the Plaintiff on April 2, 209, KRW 301,000 from the company operated by the Plaintiff and KRW 301,50,000 on new construction works, KRW 301,50,000,00 on the said money received from the Plaintiff.

2. Determination

A. Comprehensively taking account of the purport of the entire pleadings, the following facts may be acknowledged in the statements Nos. 1, 2, and 3-1, 2, and 4 of evidence Nos. 1, 3-1, 4:

1) On February 28, 201, Nonparty E newly constructed a “D school” on the G ground at the Namyang-si city where the F, etc. on February 28, 2011 (hereinafter “instant school”).