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(영문) 수원지방법원안양지원 2014.02.14 2012가합5372
부당이득금반환
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 692,70,000 and its KRW 372,700,000 among them, Defendant B shall be from October 16, 2010 to 60,000.

Reasons

1. Basic facts

A. The relationship 1 between the Plaintiff and E is between the two parties. (2) Defendant B and D are married with a couple, Defendant C is a child of the said Defendants, and Defendant Hoho Construction Co., Ltd. (hereinafter “Defendant Hoho Construction”) is a company for the purpose of gas facility construction, etc.

B. Around October 12, 2010, Defendant B borrowed KRW 430 million from the Plaintiff via E to the effect that “A loan of KRW 500 million from Gyeongnam Bank would be made by borrowing KRW 500 million from the Plaintiff for construction expenses,” and Defendant B borrowed KRW 150 million from Gyeongnam Bank on October 12, 2010, KRW 150 million on October 13, 2010, KRW 150 million, KRW 276 million on October 15, 2010, and KRW 150 million on October 15, 2010, KRW 4327 million on the aggregate by receiving KRW 10 million from the Plaintiff in the account of the Defendant Nonghyup Bank (F).

In addition, around April 8, 2011, Defendant B borrowed KRW 200 million from the Plaintiff to Defendant C’s said bank account by receiving KRW 200 million from the Plaintiff on April 8, 201, to the effect that “the creation of the second industrial complex is being carried out by public and private persons, and it is difficult to promote the work due to lack of money,” and that the Plaintiff borrowed KRW 200 million from the Plaintiff to the said bank account.

On June 13, 201, Defendant B borrowed money from the Plaintiff by receiving KRW 60 million from G’s business bank account (Account Number: H) on the same day, to the effect that “I wish to start the second industrial complex development project, and I would pay KRW 60 million from the starting date if I lent KRW 60,000,000 to the Plaintiff.”

C. Defendant B who rendered a criminal judgment against Defendant B is above B.

As stated in paragraph (1), when borrowing a total of KRW 69,2760,00 ( KRW 430,2760,000 + KRW 200,000 + KRW 60,000) from the Plaintiff, the fact that Defendant B was not granted the right to create the above industrial complex, as well as the development of the above industrial complex.

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