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(영문) 서울북부지방법원 2018.04.11 2017가단138781
구상금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from September 1, 2015 to April 11, 2018.

Reasons

1. Facts of recognition;

A. The Defendant, as the Plaintiff’s introduction, borrowed 60 million won in total from C over four times from January 21, 2014 to March 16, 2015.

B. The Plaintiff paid 35 million won out of the above borrowed money to C on June 1, 2015 without the Defendant’s consent.

The Plaintiff received interest from the Defendant from that time until the end of August 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. Where a third party makes a reimbursement on behalf of a debtor through the management of affairs, he/she may obtain the right to demand reimbursement of the expenses for the management of affairs under Article 739 of the Civil Act.

In order to establish a management of affairs, it is required that, first of all, the administration of affairs is another person’s business and the intention to vest the actual benefit of management on behalf of another person, i.e., the intention to vest the actual benefit of management in another person, and furthermore, it is not clear that the administration of affairs is disadvantageous to the principal or against his/her will.

(1) The Majority Opinion states that “A person who administers another’s business on behalf of another person may be in respect of his/her own interest” (see, e.g., Supreme Court Decision 94Da41072, 41089, Dec. 22, 1994).

(Supreme Court Decision 2009Da71558 Decided February 11, 2010). According to the above facts, the defendant is obligated to pay the borrowed money to C, and there is no clear circumstance that the plaintiff's repayment of the borrowed money to C with the intent to handle the defendant's business is disadvantageous to the defendant or against the defendant's will. The circumstance that the plaintiff paid the borrowed money with the intent to receive interest does not interfere with the establishment of the office management.

Therefore, the defendant shall pay 35,000,000 won for indemnity following the management of affairs to the plaintiff.

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