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Reasons
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(영문) 서울동부지방법원 2017.01.20 2016나4299
양수금
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. Facts of recognition;

A. B’s member 1) B is a member of the family department “D Council” in Gangnam-gu Seoul Metropolitan Government, with the trade name “D Council member” (hereinafter “B member”).

2) On January 19, 2011, 201, KRW 8,536,264, and KRW 50,790,000, judoum on October 5, 2011, Korea ELI Co., Ltd. (hereinafter “Korea ELI”) supplied a member of the Council of Members B with KRW 50,536,264.

Since then, on November 8, 2011, the Republic of Korea ELI supplied five judumumums to the National Assembly Members of B without compensation for sale.

3) B repaid each of the KRW 300,00 on March 25, 201, KRW 300,000 on May 27, 2011, KRW 300,000 on August 27, 2011, KRW 300,000 on September 27, 201, KRW 300,00 on September 27, 201, and KRW 7,336,264 on October 4, 201. (B) The Defendant’s resident registration record card abstract is written by the Defendant as the wife B.

2) On November 7, 2011, the Defendant is a member of the family department (hereinafter “Defendant’s Council member”) with the trade name “E Council member” in Gangnam-gu Seoul Metropolitan Government Seoul as “E Council member.”

(3) On December 22, 2011, 201, the Republic of Korea ELI provided the Defendant’s Council member with a total of KRW 41,580,000.

Since then, the Korean ELI supplied ten judoum on January 10, 2012 to the defendant's Council members, and judoum on January 26, 2012, respectively, without compensation.

4) On December 29, 201, the Defendant repaid the amount of KRW 10,000,000 to the Korean ELus. 5) The Defendant returned juum 139 to the Korean ELus around November 19, 2012.

C. On November 1, 2014, between Korea and ELI delegated the Plaintiff the right to notify the assignment of claims while transferring the claims against the Defendant to the Plaintiff.

On February 3, 2015, the Plaintiff sent a content-certified mail notifying the Defendant of the assignment of claims, and the said mail reaches the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Eul evidence Nos. 1 through 3, Eul evidence No. 6 (each number omitted), and the purport of the whole pleadings.

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