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(영문) 대구지방법원경주지원 2016.05.24 2015가단5142
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around April 2005, the gist of the Plaintiff’s assertion: (a) around April 2005, the Defendant maintained internal relations with the Plaintiff’s Jeonnam-do; (b) even though C did not borrow KRW 68 million from the Defendant, C prepared a false loan certificate as if C borrowed KRW 68 million from the Defendant; (c) demanded the Plaintiff to guarantee the Plaintiff; and (d) demanded the Plaintiff to guarantee the obligation of the above loan; and (e) received KRW 68 million from the Plaintiff on November 30, 2005.

Therefore, the defendant should return the above unjust enrichment to the plaintiff 68 million won.

2. The written evidence Nos. 1 and 2 of the judgment alone is insufficient to acknowledge the Plaintiff’s assertion that the Defendant prepared a false loan certificate with C and concluded a guarantee agreement with C by using it, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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