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(영문) 광주지방법원 2015.02.13 2014나8239
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. The facts of recognition do not conflict between the parties, or comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 3 and 4, Eul prepared and signed a cash custody certificate for KRW 20 million to the plaintiff on May 1, 2003, and the defendant signed on April 25, 2004 with the above cash custody certificate "it is confirmed that the plaintiff has accepted the amount of money". ② The defendant received KRW 30 million from the plaintiff on May 15, 2003 and prepared and signed a cash custody certificate for it. On April 25, 2004, the defendant prepared and signed the cash custody certificate for the above cash custody certificate with the statement "as to May 23, 2003 and KRW 2 million on September 6, 2003, with the statement that "as to the above amount of money received KRW 200,000,000,000,000 from the plaintiff on May 23, 2004."

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant agreed to pay the sum of the cash custody certificate to the plaintiff with C by signing each cash custody certificate prepared by C. Thus, the defendant is jointly and severally liable with C to pay damages for delay calculated at the rate of 20% per annum from April 23, 2009 to the date of full payment after serving the plaintiff with the notice of the claim and the application for modification of the cause of the claim in this case sought by C to the plaintiff.

3. Thus, the plaintiff's claim against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. Since it is obvious that "from April 17, 2009 to April 23, 2009" in paragraph (1) of the judgment of the court of first instance is a clerical error in the text, it is so ordered to correct it. Thus, it is so decided as per Disposition.

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