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(영문) 대구지방법원 2016.08.25 2016가합84
부당이득금
Text

1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual interest from December 16, 2015 to August 25, 2016, and the following.

Reasons

1. The plaintiff's assertion

A. Chapter 1: (a) The Defendant acquired 80,000,000 won from D under the pretext of granting the right to operate a restaurant for the construction of a military apartment in the air force unit; (b) even though the Defendant was liable to repay the above 80,000,000 won, the Defendant used assault and threatened the Plaintiff to repay the amount on behalf of the Plaintiff; and (c) the Plaintiff received loans from financial institutions and remitted the amount of KRW 40,000,000 from D to D without any other choice but on behalf of the Defendant.

Therefore, the defendant is obligated to pay the above KRW 40,000,000 to the plaintiff as compensation for damages or return of unjust enrichment.

B. The defendant delivered the credit card under the name of the plaintiff to himself/herself, thereby deceiving or threatening the plaintiff as if he/she would pay all the credit card payments after his/her use, or threatening and threatening the plaintiff to use the credit card after obtaining the credit card under the name of the plaintiff, and thus, the plaintiff did not pay the credit card price in lieu of the plaintiff, thereby causing a loss equivalent to the above credit card price, and the defendant took advantage of it without any legal grounds.

Therefore, the Defendant is obliged to pay the Plaintiff the sum total of KRW 22,385,825 used by the Defendant due to the return of damages or unjust enrichment.

(2) The Defendant, upon the lease of an automobile under the name of the Plaintiff, had caused considerable damage by deceiving the Plaintiff as if he were to use the automobile and pay all the rent, or threatening and threatening the Plaintiff to use the automobile under the name of the Plaintiff, on behalf of the Plaintiff, and the Plaintiff did not pay at all the rent for the lease of the said automobile and the expenses incurred in cancelling the lease contract (the amount of KRW 20,652,070,070, which seems to be a clerical error of KRW 20,625,070). The Defendant, thereby, took advantage of the benefit without any legal grounds.

Therefore, the defendant's compensation or return of unjust enrichment to the plaintiff for the lease of the vehicle used by the defendant.

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