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(영문) 서울중앙지방법원 2014.12.19 2013가단161852
부당이득금 반환
Text

1. The Defendant’s KRW 57,348,50 for the Plaintiff and KRW 5% per annum from May 31, 2013 to June 24, 2013.

Reasons

1. In full view of the statements in Gap evidence Nos. 1 through 4 as to the cause of the claim and the purport of the entire pleadings as to the witness Eul's testimony, the plaintiff can be acknowledged that the plaintiff engaged in manufacturing and wholesale sales of clothing with the trade name "D", and the plaintiff, around 16:05 on May 31, 2013, transferred the transaction price to the account of "E" in the course of transferring the transaction price to the account of "E" as of May 31, 2013 by account transfer. Thus, the defendant is obligated to pay the plaintiff the above 57,348,500 won acquired without any legal cause (hereinafter "the dispute amount") and the damages for delay calculated from May 31, 2013 to June 24, 2014 to the date of delivery of a duplicate copy of the complaint of this case as of June 24, 2014 as stipulated in the Civil Act.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the account in the name of the Defendant, which the Plaintiff transferred the key money, is established upon the request of G managing the business entity in the name of “F” and is used for settling transaction payments between “F” and “D.” The key issue that the Plaintiff transferred on May 31, 2013 is the normal payment of transaction between “F” and “D,” and thus, the Plaintiff’s assertion that it is a remittance of error is not true.

On May 31, 2013, when the Plaintiff transferred the key money, the amount of unpaid payment to the Plaintiff’s “F” was KRW 6,099,350, and the amount of unpaid payment to the “E” is KRW 57,348,50,00,000.

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