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(영문) 청주지방법원 2016.07.20 2015가단110768
부당이득금
Text

1. From August 31, 2016 to November 30, 2027, the Defendant: (a) KRW 350,000 as of the last day of each month to the Plaintiff; and (b) KRW 262 as of December 31, 2027.

Reasons

According to the purport of Gap evidence Nos. 1 through 6 (including each number), and the whole arguments, Eul received veterans' benefits from the State on August 11, 2006 after his spouse C died on August 11, 2006. Although his de facto marital relationship was not eligible to receive veterans' benefits after his death, Eul received veterans's benefits every month from the Ministry of Patriots and Veterans Affairs and deprived his child of his eligibility to receive veterans' reports. The defendant, on June 7, 2013, received veterans' benefits from B to October 201 from September 5, 2006 to October 201, the actual amount of KRW 50,0410,000, which was paid by the defendant, shall be returned in installments from June 35, 2013 to October 10, the defendant agreed to return the above amount of KRW 10,000,000,0000, which was not returned in installments by the defendant (hereinafter "the above agreement").

According to the above facts, barring special circumstances, the Defendant is obligated to return KRW 47,862,00,000, which is within the scope of the amount not returned as requested by the Plaintiff based on the instant agreement, to the Plaintiff in installments from August 31, 2016, which was after the date of closing the argument of this case, to the end of each month from August 31, 2016.

Since there is a fractional amount, there is a duty to pay KRW 350,000 as of the end of each month from August 31, 2016 to November 30, 2027, and the remainder of KRW 262,00 on December 31, 2027 (=47,862,000 - 350,000 x 136 months).

In regard to this, the Defendant made a written statement by deceiving a public official belonging to the Cheongju Veterans' Office to not be investigated by an investigative agency on the face of each letter (Evidence A No. 1) containing the instant agreement. Nevertheless, the Defendant asserts to the effect that the instant agreement contained in the said written statement is revoked, since the Defendant was investigated by the Suwon Prosecutors' Office and was subjected to a disposition of non-guilty suspicion.

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