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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 10, 2011, the Plaintiff decided to take over the shares of D Co., Ltd. (hereinafter “D”) from C (hereinafter “D”) and decided to acquire D’s right of management and operation from August 11, 201, when the Plaintiff invested emergency funds.
B. On the other hand, on December 1, 201, the Plaintiff agreed to accept C’s debt amounting to KRW 550 million on the condition that C takes over D with C on December 1, 201.
C. On May 2, 2013, the Plaintiff drafted a written payment agreement to gradually repay KRW 550 million to F. On January 23, 2015, the Plaintiff paid KRW 500 million to F, and drafted a deposit certificate to pay the remainder of KRW 50 million at the time of the sale of the factory.
Meanwhile, on November 15, 2007, G lent KRW 70 million to C, and C drafted a notarial deed of a monetary loan agreement on November 27, 2007 to repay KRW 48 million on April 25, 2008.
(e) KRW 10 million from the account of G to the account of G on November 14, 201, KRW 14,000,000 on December 12, 201, KRW 17.10 million on March 14, 201, KRW 10 million on the same month, and KRW 10 million on March 14, 2012; and
5.18.5 million won, and the same year.
6.1.1. 10 million won in total was transferred to KRW 55 million.
F. On December 1, 2014, the registration of deemed dissolution was completed on December 1, 2014, and the registration of deemed dissolution was completed on December 1, 2017.
[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 4 evidence (including paper numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Before the Plaintiff asserted that he had taken over the obligation to C’s E(F), the amount of KRW 55 million out of the Defendant’s credit to E(F) for E(F) was claimed to have a right to the Plaintiff and transferred KRW 55 million to G’s account designated by the Defendant through D’s account. However, the Defendant did not have any claim against C, and thus, the Defendant was unjustly unjust enrichment of KRW 55 million.
Therefore, the defendant is obligated to pay to the plaintiff 5 million won and damages for delay.
(b).