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(영문) 서울서부지방법원 2020.02.07 2018나41195
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiffs' assertion E (hereinafter "the deceased") did not receive a loan from the defendant.

Even if the Deceased was given a loan from the Defendant,

Even if the defendant submitted a statement of principal and interest of loan (No. 6-2 and 3), etc., the defendant recovered the total amount of loan on March 31, 199.

Nevertheless, the Defendant, based on the final judgment against the Deceased, received KRW 64,257,222 from November 28, 2007 to December 3, 2008 through four claims seizure and collection procedures (hereinafter “instant compulsory execution”). As such, the Defendant is liable to pay KRW 50,000,000 to the Plaintiffs, who are the inheritor of the Deceased, for return of unjust enrichment.

2. Determination as to whether the Deceased received a loan from the Defendant

A. Even though the facts acknowledged in the judgment of other civil cases, etc. are not confined to the facts acknowledged in the judgment of other civil cases, the facts established in the already established civil cases shall not be rejected without reasonable grounds, unless there are special circumstances. In particular, there are the same facts that the two previous and previous civil cases are identical to the parties to the dispute and form the basis of the dispute, but the same is more so where a new claim can be filed as a result which does not conflict with the res judicata.

(See Supreme Court Decision 2008Da92312, 92329 Decided September 24, 2009). B.

Facts of recognition

1) On February 8, 1995, the Defendant loaned KRW 30,000,000 to the Deceased (hereinafter “first loan”).

(A) F Co., Ltd. (hereinafter “F”).

A. Around February 4, 1995, the Deceased entered into a guarantee insurance contract with the amount of insurance coverage of KRW 33,00,000, and the period of insurance from February 4, 1995 to April 3, 200 for the purpose of guaranteeing the repayment of principal and interest when the Deceased borrowed a loan from the Defendant. Upon the Defendant’s request, F.C.

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