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(영문) 수원지방법원 2020.12.16 2020가단535435
대여금
Text

1. The defendant shall pay 88,830,000 won to the plaintiff and 12% per annum from September 19, 2020 to the day of complete payment.

Reasons

1. The Plaintiff, who was engaged in the business of collecting and selling secondhands under the trade name of “C”, was aware of the Defendant for the first time in 2014.

On September 27, 2017, the Plaintiff transferred KRW 28 million to D’s account, and D withdrawn KRW 28 million on September 28, 2017 and delivered it to the Defendant.

On December 18, 2017, the Plaintiff entered into a sales contract to purchase FJ 266.9 square meters (hereinafter “instant land”).

E On December 20, 2017, the Plaintiff completed the registration of ownership transfer based on the sale of the instant land. On the same day, the Plaintiff borrowed KRW 150 million from G Cooperatives, and transferred KRW 149,548,225, out of which KRW 150 million, to H account designated by E as the purchase price.

From August 8, 2017 to September 20, 2019, the Plaintiff paid a total of KRW 160,000 to the Defendant over 22 occasions as indicated in the following table:

Defendant 10, 2017-10, 200, 200-10, 200, 200-10, 200-10, 30-10, 200, 207-11-07, 2000, 2018-17, 000-17, 30, 000, 2000, 2008-18-17, 000, 2000, 2008-10, 300, 200-10, 200, 200-10, 200-10, 00, 200-10, 200-10, 200-10, 200-4, 200-10, 2008-4, 00-10-4, 008-10

2. Determination as to the claim for return of unjust enrichment

A. On behalf of the Plaintiff, the Defendant concluded a sales contract on the instant land on behalf of the Plaintiff. On September 27, 2017, the Plaintiff deposited KRW 28 million in the name of D at the Defendant’s request. From August 30, 2017 to September 28, 2017, the Plaintiff deposited KRW 28 million in the name of D.

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