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(영문) 서울북부지방법원 2019.01.17 2018가단105702

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 14, 2015, the Defendant paid KRW 200 million to the Plaintiff (a corporate name C was changed to D, January 9, 2017, and September 19, 2017).

B. On January 14, 2015, the Defendant: (a) received promissory notes from E, the representative director of the Plaintiff, which caused KRW 200,000,000, from E; and (b) on the same day, a notary public drafted a notarial deed with No. 41, 2015 (hereinafter “notarial deed No. 1”).

C. On December 23, 2015, the Defendant received promissory notes from the Plaintiff that constitute KRW 350 million in face value of the Plaintiff’s issuance, and on the same day, a notary public drafted a notarial deed (No. 9555) with respect to the said promissory notes (hereinafter “No. 2 authentic deed”).

Based on the original copy of notarial deed No. 2, the Defendant: ① (a) as Seoul Southern District Court 2016TTTT 2016TT 10418 on July 26, 2016, (b) as to the Plaintiff’s deposit claims against H, the Seoul Southern District Court 2016TT 20,063,737 won (hereinafter “instant collection order”); (c) as to the Plaintiff’s deposit claims against the Seoul Southern District Court 2016TT 2016T 10851 on August 4, 2016, (c) as to the claim attachment and collection order against the Plaintiff’s deposit claims against the Seoul Southern District Court 2016TTT 2013; and (d) as to the Plaintiff’s deposit claims against the Plaintiff’s deposit claims and deposit claims against the Seoul Southern District Court 2016TTT 2016TT 2016.3.