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(영문) 서울동부지방법원 2018.11.23 2018가단10754
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff's claim is as follows: C/C deposited KRW 50 million in the name of the defendant on December 18, 2007; KRW 25 million on January 21, 2008; KRW 25 million on March 31, 2008; KRW 25 million on April 14, 2008; KRW 265 million on April 16, 2008; KRW 720,000 on May 7, 2008; KRW 360,000 on May 25, 2008; KRW 360,000 on May 8, 2008; KRW 50,000 in total to C; KRW 61,60,000 on May 8, 2008; KRW 365,000 on May 36, 205; and the defendant claimed that the plaintiff and the debtor should pay KRW 365,5005,0500.

In regard to this, the defendant alleged that the extinctive prescription has expired since the plaintiff filed a suit more than 10 years from January 2008, 2008 when the plaintiff deposited each money with the defendant's account because he received money from the plaintiff and transferred it to the account in accordance with C's order, and that the extinctive prescription has expired since the plaintiff filed a suit with the defendant's account.

2. The Plaintiff’s assertion and submitted evidence alone argues that the Plaintiff received and remitted each of the above money with the Defendant at the complaint, i.e., the Plaintiff’s deposit with the Defendant, and that the Plaintiff paid KRW 50 million to C on May 8, 2008, and that the Defendant did not deposit KRW 500 million to the Plaintiff from the Defendant’s account, in light of the evidence No. 1 (the period from December 18, 2017 to May 8, 2008), it is insufficient to recognize that the Defendant was a creditor who lent KRW 500 million to the Plaintiff, and there is no other evidence to acknowledge that the Defendant was a creditor who lent KRW 500 million to the Plaintiff from the Defendant’s account, and further, considering the overall purport of the argument No. 1, the Defendant deposited to the Plaintiff under the direction of the Defendant under the name of the Plaintiff on January 21, 208.

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