logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.24 2015나3479
부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Plaintiff’s assertion

The Plaintiff asserts that the Defendant is obligated to return the amount of KRW 9,942,500,00,000 in total, including the amount of KRW 5,150,000 and interest interest thereon, to the Plaintiff on April 1, 2011, by paying the Defendant KRW 68,00,000,000 to the Defendant on September 6, 201, when conducting an auction, and the amount of KRW 5,150,00 in excess of the amount of the loan at that time.

The plaintiff's assertion is without merit, since there is no evidence to support the fact that the defendant received 63 million won from the plaintiff on September 6, 2012 as the repayment of the principal and interest of the loan and auction expenses, but it is difficult to believe that the defendant received 68 million won in excess of the above 68,000 won. The statement of No. 2 of the evidence No. 1 is insufficient to recognize it, and otherwise there is no evidence to support that the defendant received 63 million won in excess of the principal and interest of the loan and auction expenses at the time.

In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance on the claim before it is extended in the trial is just and consistent with this conclusion. Thus, the plaintiff's appeal and the plaintiff's claim extended in the trial are dismissed as it is without merit. It is so decided as per Disposition.

arrow