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(영문) 서울남부지방법원 2015.08.18 2014가단12847
부당이득금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. The plaintiff is the owner of the number limit (net) who pays the fraternity by setting an order of priority and paying the fraternity. The defendant B joined the above number limit as the 3, 4, 6, 6, 7, 7, 5 in his name under the name of Dong E, and 7 in his name.

B) In order to pay the amount of KRW 10 million,00,000,000,000 from Nos. 3 around April 2010, the time for payment, the Plaintiff, at the request of Defendant B, deposited the remainder of KRW 6 million after subtracting the amount of KRW 4 million reserved in preparation for the payment of the said Defendant’s fraternity deposit from the account under Defendant B around February 2010 (c) for the payment of KRW 10,000,000,000,000 from the No. 4 around May 2010, the Plaintiff deducted the amount of the Defendant’s cosmetics deposit, etc. for the payment of KRW 160,000,000 to the account under the name of the said Defendant, after deducting the amount of the Defendant’s cosmetics deposit, etc. for the said payment from the account under the said Defendant’s name.

4. 1.2,645,216 won, and the same year;

5.3. 5,95,369 won deposited KRW 8,80,585 won in total. D) The Plaintiff deposited KRW 10,000,585 won in advance at the request of Defendant B to pay KRW 6,000,000 from July 2010 to Defendant C’s account in order to pay KRW 10,000,000,000 to Defendant C, upon Defendant B’s request, deposited KRW 10,000 won in total on May 17, 2010. E) The Plaintiff paid KRW 7,00,000,000 from August 20, 2010 to pay KRW 10,000,000,000 to Defendant B’s account under the name of Defendant B. The Plaintiff deducted the amount of debt to Defendant B’s Plaintiff at the request of Defendant B, and then the mother of the above Defendant deducted the amount of debt to the Plaintiff, the total of KRW 25,310,500,5000.

6.1.1.1. total sum of KRW 8.7 million deposited.

F) Upon Defendant B’s request, the Plaintiff deposited the remainder of KRW 4 million in the account in the name of Nonparty H on July 1, 2010. G) as above, the Plaintiff deposited the remainder of the reserved accounts into the account in the name of Nonparty H.

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