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(영문) 서울중앙지방법원 2019.01.30 2017가단23248

부당이득금반환

Text

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

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

Reasons

1. Basic facts

A. On January 23, 2017, the Plaintiff borrowed five billion won from the former owner through D (one-person E) on the date of repayment as of February 23, 2017.

In addition, on the same day, the Plaintiff fixed a term deposit with the maturity of KRW 3 billion as of February 23, 2017, and established a pledge on the said term deposit claims as of February 23, 2017. The Plaintiff established a pledge on the said term deposit claims as the pledgee B, and the maturity date as of February 23, 2017. On February 23, 2017, the remainder of KRW 2 billion was fixed term deposit with the maturity date as of February 23, 2017, and established a pledge on the said term deposit claims as the pledgee C, and the maturity date as of February 23, 2017.

B. On January 25, 2017, the Plaintiff terminated the pledge establishment contract and the term deposit contract as above at the F Bank, and then paid KRW 5 billion at a face value of KRW 10 billion at a check with KRW 5 billion at a face value and delivered it to the Defendants.

[Ground of recognition] Each statement of Gap evidence Nos. 1 through 4 (including the number of branch offices), the result of the order of the F Bank to submit each financial transaction information to the head of the branch office of the F Bank Sung-nam Viewing branch office, the purport of the whole argument

2. The gist of the Plaintiff’s assertion D, G, etc. legally uses part of the amount of KRW 8 of the governing underground funds left behind while using the past regime, and for this purpose, the certificate of tax payment and the certificate of monthly deposit of KRW 5 billion are required. The Plaintiff’s assertion suggested that “where the Plaintiff is able to pay KRW 60 billion as a monthly loan interest of KRW 5 billion, 5 billion may create a certificate of deposit of KRW 5 billion through the chair.”

The Plaintiff accepted the aforementioned proposal and borrowed KRW 5 billion from the Defendants through D, etc. on January 23, 2017 on February 23, 2017, the due date for repayment of the agreement, and KRW 60 million from the Defendants on the same day. On the same day, the Defendants paid KRW 60 million as agreed upon.

In addition, the Plaintiff’s term deposit amounting to KRW 5 billion to the F Bank on the same day, and the Plaintiff’s right of pledge as of February 23, 2017 to the Defendants with respect to the said term deposit claim.