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(영문) 수원지방법원평택지원 2015.06.11 2014가단44685
부당이득금반환
Text

1. Defendant A: 12,00,000 won to the Plaintiff (Counterclaim Defendant) and 5% per annum from September 12, 2014 to June 11, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff’s principal claim C transferred from the Plaintiff’s account to Defendant A without any legal cause KRW 12,00,500 on May 20, 2010, and KRW 50,000,500 on May 14, 2010, KRW 1,000,500 on the same day, KRW 1,500,50 on June 5, 2010, and KRW 81,001,50 on the aggregate, KRW 30,500 on June 5, 2010. Accordingly, the Defendants obtained profits without any legal cause, and the Defendants were liable to return each of the above amounts to the Plaintiff with unjust enrichment.

B. Defendant B’s assertion (1) and Defendant B’s counterclaim received KRW 81,00,00,000 from the Plaintiff, which Defendant B lent to the Plaintiff on December 14, 2009.

The above loans extended by Defendant B to the Plaintiff remains at KRW 20,000,000,000, and the Plaintiff is entitled to pay the above loans as KRW 20,000 and damages for delay.

(2) Defendant A’s assertion that Defendant A received KRW 12,00,000 from the Plaintiff is unjust as it received some of the borrowed money from Defendant A on December 14, 2009, which the Plaintiff had to pay to Defendant B, and it does not constitute unjust enrichment.

2. Determination

A. The plaintiff's principal lawsuit against the defendant B and the plaintiff's counterclaim (1) did not dispute as to the judgment on the grounds of the claim, and the whole purport of the arguments is as follows: Gap's evidence Nos. 2 and 3 and Eul's evidence Nos. 1, 2, 3, 6, 7, 11, 12, and 16 (including the serial numbers) were paid to the defendant Eul on May 25, 2009 and the defendant Eul agreed to convert them into the plaintiff's investment amount. Accordingly, on August 7, 2009, the defendant Eul paid 10,000,000 won to the plaintiff on December 14, 2009, the defendant Eul paid 10,000,000 won to the plaintiff on Feb. 10, 200, 2005, and the plaintiff paid 10,000 won to the plaintiff on May 21, 200, 2005.

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