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(영문) 인천지방법원부천지원 2015.07.31 2014가단49427
부당이득금반환
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. A. Around February 2011, Defendant C requested Defendant B to pay KRW 30,000,000 to the purchase price for the land located in Pyeongtaek-gun in Gyeonggi-do. When lending money, Defendant C requested to repay KRW 40,000,000 after three months, and Defendant B lent KRW 30,000,000 to Defendant B several times from February 201 to March 201.

B. Around that time, Defendant B delivered money borrowed from Defendant C to F in the same business relationship with the representative director D of E Co., Ltd. with the money borrowed from Defendant C, and F used the money as the down payment for the purchase of land in Pyeongtaek-gun G, Gyeonggi-do, which agreed to purchase with D.

C. The above Defendant C from June 201 to June 201.

Defendant B, who had been urged to repay the loan under this subsection, was F.

(b) urging the repayment of the loan under subsection (1), and receive contact information from F and directly receive D's contact information from D.

D urged the repayment of the loan under this subsection, and D promised the payment to Defendant B.

D Upon introduction of H through Defendant B, on October 7, 201, H borrowed KRW 40,000 on the condition of KRW 1,200,000 on December 6, 201 and interest rate of KRW 1,200,000 per annum (on a yearly basis, KRW 20,000 on December 6, 201) from H as security on its own land and buildings, and then transferred KRW 30,000,000 to the agricultural bank account of Defendant B’s children, and the Defendant B transferred to Defendant C each on the same day the amount of KRW 10,000,000 out of its own J account and the remainder of KRW 10,00,000 on the following day.

E. On December 13, 2011, the Plaintiff filed a lawsuit against D, including the refund of the purchase price, etc., of this Court No. 201Gahap5263, the Plaintiff was sentenced by this Court that “D shall pay 5% per annum from February 22, 2011 to August 8, 2011; and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on January 26, 2012.

G. The Plaintiff is himself against H.

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