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(영문) 창원지방법원진주지원 2019.05.28 2019가단30071
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff was a joint and several surety at the time when the Defendant lent KRW 50,000,00 to Nonparty C on February 21, 2013, but this became a joint and several surety by the Defendant’s dives theory as a result of fraud or coercion. As such, the Defendant asserted that the Defendant is obligated to return KRW 33,352,482 repaid from the Plaintiff to the Plaintiff regarding the said joint and several surety. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the said joint and several surety was made by the Defendant’s fraud, return, or coercion, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim is dismissed without any justifiable reason, and it is so decided as per Disposition.

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