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(영문) 대구지방법원 2020.06.18 2019가단109114
부당이득금
Text

1. The Defendant’s KRW 77,200,000 and its amount shall be 5% per annum from March 21, 2019 to June 18, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, who had been engaged in the livestock industry, had been aware of the same livestock industry, lent 4 billion won to, or invested in, the non-party E farming association that had been engaged in the business with his or her own child D as its representative director until 2012.

B. During the year 2013, C requested the Plaintiff to provide additional financial support, and the Plaintiff introduced the Defendant’s defect that the Plaintiff did not have any time to provide the funds, and the Defendant borrowed money from F and G to E farming association.

(c) The Plaintiff accepted C’s same proposal, and through the Defendant, KRW 194,00,000 (the remainder after deducting KRW 6,000,000 from the prior interest of KRW 200,000,000) from F on August 6, 2013, and KRW 60,00,000 from G on August 14, 2013;

8. On 19.19, 37,000,000 won (the remainder after deducting the amount of KRW 3,000,000 from the prior interest of KRW 100,000) was remitted to each Plaintiff’s passbook.

However, the Plaintiff introduced the introduction of C to borrow the same money from F and G through the Defendant, and was thought to support the E-agricultural partnership, and thus, entrusted the Defendant with the Plaintiff’s passbook and seal to the Defendant for all of the same duties.

E. The defendant

Of the remitted money, KRW 194,00,000 remitted by Jeonju F was divided into KRW 60,000,000 on the date of remittance and KRW 134,00,000 on the date of remittance, and the full withdrawal was made, among which part of the money was remitted to the account of E Farming Partnership only KRW 191,80,000,000, and the remaining KRW 2,200,00 was remitted to his account.

(hereinafter) As such, the money remitted to H account “instant amount KRW 2,200,000” (hereinafter “instant amount”). Moreover, the money remitted by Jeonju G was transferred.

8. 60,000,000 remitted to 14. The withdrawal on the same day, and then transfers 50,000,000 won to the account of E Farming Partnership only, and the remainder 10,000,000 won to its account.

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