logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.07 2018나50979
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "additional Judgment" as to the assertion that the defendant emphasizes or adds to this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserts to the effect that the amount of the Defendant’s loan to the Plaintiff is KRW 512 million including the instant loan (i.e., the amount remitted from July 24, 2007 to December 31, 2007 from July 24, 2007 to KRW 62 million, which the Plaintiff deposited from the Defendant’s E’s account in the Defendant’s name, KRW 230 million,000,000,000, which was KRW 299,000,000,000 from the Plaintiff, and that the amount that the Plaintiff paid to the Defendant and D is merely for its debt repayment.

B. On November 21, 2007, KRW 12 million from the account under the name of the Plaintiff to the account under the name of the Plaintiff; KRW 10 million from the account under the name of the Defendant to the account under the name of the Plaintiff; KRW 20 million from November 22, 2007 to the account under the name of the Plaintiff; KRW 20 million from November 29, 2007 to the account under the name of the Plaintiff; and KRW 20 million from December 24, 2007 to the Plaintiff on December 27, 2007; the fact that the Defendant lent KRW 220 million to the Plaintiff on December 27, 2007 is not disputed between the parties or is recognized by the inquiry results with respect to the F Association of the Party, and there is no other evidence to acknowledge otherwise.

C. Therefore, this part of the defendant's assertion that the defendant lent a total of KRW 512 million to the plaintiff is without merit.

3. Thus, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow