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(영문) 서울북부지방법원 2018.10.18 2017나36558
부당이득금
Text

1. A plaintiff among the part against defendant B of the judgment of the court of first instance, who falls under the following amount of additional payment order.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the judgment of the defendant company is added in paragraph (2). Thus, this is cited by the main sentence of Article 420 of

On the 3rd side, the defendant's vehicle south of the 5th parallel "the 5th parallel of the 3rd parallel of the 5th parallel of the 10th parallel of the 10th parallel of the 10th parallel of the 12th parallel of the J bank "the name of J bank", "B" "the 12th parallel of the 12th parallel of the 15th parallel of the 15th parallel of the 15th unit of the contract deposit "the 20 million won contract deposit" was paid only 18.5 million won as the contract deposit, but the 4th parallel of the 18th parallel of the 18th parallel of the 19th parallel of the 4th parallel of the 4th group of

Part 4, part 5, part 5 "151,247,401 won" and part 5, part 15 "1,347,401 won", each of "151,247,401 won" and part 5, part 16 "151,247,401 won out of 151,347,401 won", each of "151,237,401 won out of 151,347,401 won."

Part 6, "The above-mentioned claim" in Part 20 is regarded as "the above-mentioned principal and interest claim".

Up to 7 pages 2-6 shall be cut to the following:

1) Defendant B received KRW 20 million as the down payment for the instant apartment from K around February 4, 2015, and withdrawn KRW 1,337,430 in total from March 9, 2015 to March 26, 2015, the fact that Defendant B withdrawn KRW 1,337,430 in the name of the Plaintiff from March 26, 2015 is as stated in the underlying facts under paragraph (1). Therefore, barring any special circumstance, Defendant B is liable to pay to the Plaintiff KRW 21,37,430 (= KRW 20 million), and damages for delay.

On February 4, 2015, Defendant B received only 1,8.5 million won after deducting 1.5 million won from brokerage fees, etc. from sales down payment 20 million won for the instant apartment from K on February 4, 2015. Thus, according to the evidence No. B’s statement No. 4, Defendant B is recognized that the amount of KRW 18.5 million has been remitted from K to the deposit account in the name of Defendant B on February 4, 2015.

However, evidence Nos. 6-1 and 2-2.

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