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(영문) 서울서부지방법원 2016.08.19 2016나31705
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 27, 2003, the Plaintiff had been staying in the Republic of Korea. On April 27, 2003, the Plaintiff leased KRW 60,000,00 of the lease deposit money to the Defendant for KRW 402 of the fourth-class Seoul Jongno-gu Seoul, Seoul (hereinafter “instant building”) which was one’s own possession, and set up a collateral security right on the said building to secure the obligation to return the lease deposit, and issued a par value of KRW 60,000 per unit.

B. Upon the Plaintiff’s request, when the auction procedure regarding the real estate owned by the Plaintiff, including the instant building, was commenced while CA was transferred to 401th, but the deposit was not returned from the Plaintiff, the Defendant again demanded the Plaintiff to return the lease deposit again. The Defendant, upon the Plaintiff’s request, drafted and issued the check number (the check number: D; hereinafter “instant check number”). The maturity was extended from the Plaintiff to April 21, 2005.

Since then, the defendant presented to Korea Exchange Bank the above shares of shares, but the payment was refused.

C. On July 17, 2015, the Plaintiff was arrested at an airport on charges of violating the Illegal Check Control Act, and was notified of the gist of the fact that the Plaintiff issued two copies of the per share of KRW 180,000,000 for the total face value of KRW 180,000 for the year 203 from the Assistant Police Station Assistants Assistant Police Station Assistant Police Station Assistants Assistants Assistants Assistants Assistants Assistants Assistants.

Accordingly, on July 17, 2015, the Plaintiff and the Plaintiff agreed to make and submit a written application for penalty from the Defendant (hereinafter “instant agreement”) to the Defendant, who is the final holder of the instant political party’s shares, on the same day, that the Defendant and the Defendant would pay KRW 60,000,000 at the face value of the party shares, and that the Defendant would pay the Defendant a written application for penalty (hereinafter “instant agreement”).

E on July 17, 2015, remitted the above KRW 60,000,00 to the foreign exchange bank account under the Defendant’s name, and the Defendant on the same day.

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