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1. The Defendant’s Changwon District Court Decision 2016Gau6405 Decided December 15, 2016 is based on the Defendant’s decision regarding the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 14, 2016, the Plaintiff told D (C) of the complaints against C (the Plaintiff’s birth) and told D (C) of “C’s friend operation, C’s friend surgery, C’s friend, C’s friend was remarried, C’s friend was remarried, C’s friend was repaid with C’s friend loaning KRW 10 million, and the Defendant (C’s large friend children) was friended with his friend.”
B. In addition, around May 15, 2016, at the entrance of the hotel at the window of Changwon-si (the defendant's wedding hall), the plaintiff put the defendant into the hotel and carried the defendant in hand, and put the defendant hotly, by showing the defendant's attitude, such as "I am going to the defendant," "I am to the building of this year, F (the defendant's husband's husband), I am to am to the defendant," "I am to the building of divia, I am to the son, I am to the son, I am to the son, I am to the son, and come to the son, and if I am to am to the son, I am to am to the defendant without giving money."
Accordingly, the defendant delivered 3 million won in cash to the plaintiff on its job.
C. The Defendant filed a complaint against the Plaintiff as a crime of defamation and attack (this Court Decision 2016Da423). On November 22, 2016, the Plaintiff was sentenced to a fine of KRW 1.5 million due to defamation and attack, and the judgment became final and conclusive on November 30, 2016.
On June 20, 2016, the Plaintiff filed a lawsuit against the Plaintiff to return the said KRW 3 million to unjust enrichment.
(2016 Ghana6405) d.
On November 8, 2016, the Plaintiff deposited the deposited amount of KRW 3 million with the Defendant in the process of the said criminal case.
(No. 1141 of this Court in 2016). The deposit document states that “the plaintiff intends to pay the agreed amount to the defendant in connection with the above criminal case, but refuses to receive it, and thus deposits shall be made.”
E. The Defendant reserved an objection on December 1, 2016, which was subsequent to the closing of argument in the said civil case ( November 24, 2016), and paid the said deposit.
In this civil case, the court of the court has decided on December 15, 2016.