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(영문) 제주지방법원 2016.08.25 2014가합2774
부당이득반환 등
Text

The plaintiff's lawsuit against the defendant C is dismissed.

Defendant B shall pay to the Plaintiff KRW 246,50,000 and KRW 16,500,000 among them.

Reasons

Facts of recognition

A. The Plaintiff (the Plaintiff, whose species were “G Co., Ltd.” and was changed to its trade name on October 6, 201) is a company established as its main business purpose, such as tourist hotel, casino operation, etc., and H was a person who acquired and substantially operated the Plaintiff around 2009.

B. On November 18, 2009, Defendant C (the person in charge of Defendant B’s visa) drafted a monetary loan agreement with the Plaintiff (the representative director at H’s birth I was the representative director at the time) and KRW 210,000,000 (hereinafter “instant loan”) on December 18, 2009.

C. From September 21, 2009 to March 11, 2010, H paid the Plaintiff’s funds to the Dispute Resolution Co., Ltd. (hereinafter “J”), the Dispute Resolution Co., Ltd. (hereinafter “K”), or the Defendant C, etc., which Defendant B operated.

No. 16,500,000 Won J on September 21, 2009 J on December 14, 2009, KRW 50,000 on December 2, 2009, KRW 300,000 on December 14, 2009, J 40,000 on December 10, 200, KRW 50,000 on December 28, 2009, KRW 50,000 on January 11, 20,000 on January 11, 2010, KRW 60,000 on January 20, 200 on January 20, 2010, Defendant C70,000 KRW 30,00,00 on December 40, 19,000, KRW 030,036,50,00 on May 16, 200

D. On July 9, 2010, Defendant C filed a lawsuit with the Seoul Central District Court against the Plaintiff (the representative director I’s performance of duties was suspended at the time, M was appointed as acting representative) seeking the payment of the instant loan and the damages for delay from December 19, 2009.

On September 15, 2010, Defendant C drafted a letter of undertaking to waive the Plaintiff’s claim for the instant loan and damages for delay, and withdrawn the lawsuit on October 12, 2010.

E. On May 3, 2011, the Plaintiff (the NB’s visa was appointed as the representative director) drafted a notarial deed under a monetary loan agreement (No. 829, 201; hereinafter “instant notarial deed”) with the content that a notary public pays KRW 210,000,000 to Defendant C from Law Firm E by May 10, 201.

F. On September 27, 2013, Defendant C transferred a loan claim on the instant Notarial Deed to theO, and the same.

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