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(영문) 서울중앙지방법원 2013.11.21 2013가단106435

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 1, 200, the Plaintiff borrowed KRW 4 million from the Defendant, KRW 3 million on Nov. 30, 2002, KRW 3 million on Feb. 28, 2003, and finally, issued a receipt of KRW 10 million on Feb. 28, 2003, and paid interest on KRW 10 million on August 29, 2003, and repaid all by borrowing money to the Defendant.

However, the defendant alleged that the plaintiff did not receive a receipt for repayment, and the plaintiff did not receive a receipt for payment, and the plaintiff paid double principal and interest to the defendant.

Nevertheless, the Seoul Central District Court 2009Gada227049, asserting that the Defendant did not have been at different times filed a lawsuit claiming the payment of the loan, and the judgment of the Seoul Central District Court 2009Gada227049, which did not know the fact that the trial was progress, was rejected later, but the appeal period was dismissed as well, which eventually became final and conclusive that the Plaintiff would pay 8 million won and damages

Therefore, the Defendant is obligated to return to the Plaintiff unjust enrichment of KRW 27,124,00,00, total sum of the principal and interest received double repayment from February 2, 2003 to April 2009.

2. It is not sufficient to acknowledge that the Plaintiff borrowed a total of KRW 10 million from the Defendant and paid the principal and interest of KRW 27,124,00,00 in duplicate, solely based on the result of response to the respective statements in Gap evidence Nos. 1 through 6 (including each number), and the response to the respective requests for submission of financial transaction information to Korean banks, Korean banks, and Korean National Bank.

Rather, according to the above evidence, the Plaintiff and the Defendant have been engaged in money transactions several times for about 10 years, and the Defendant settled the amount of KRW 13 million ( KRW 3 million on February 28, 2003, KRW 10 million on December 6, 2004).