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(영문) 서울중앙지방법원 2015.11.26 2015가단80773
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 14,101,439 as well as its full payment from May 21, 2015.

Reasons

1. On November 21, 2010, the Plaintiff’s assertion of the relevant amount at the time of the sequence of basic facts common to the principal lawsuit and the counterclaim (the remittance and loan relationship with the Defendant) is disputed in the circumstances surrounding the Defendant’s assertion that there was no significant impact on the judgment on the issues of this case, and thus, the dispute over the above loan developments is omitted in detail.

(3) The fact of borrowing (Transfer) No dispute over the fact of borrowing

A. The Plaintiff’s representative director C and the Defendant came to know of the business, and had close close from around 2000, the Defendant transferred money to the Plaintiff Company to the account in the name of C besides the account in the name of the Plaintiff Company.

However, there is no dispute between the parties that the transaction entity is not an individual C, not an individual C.

or received a certificate of borrowing or a notarial deed.

B. On January 30, 2014, the Plaintiff repaid the Defendant a total of KRW 4 million, including KRW 2 million, KRW 1 million on March 26, 2014, KRW 10 million, KRW 500,000 on May 11, 2014, and KRW 5 million on June 22, 2014.

C. On July 2, 2014, the Defendant filed an application for the entry in the defaulters’ list against the Plaintiff (No. 2014Kao6201) with this court as the title of execution of the notarial deed (hereinafter “notarial deed in this case”).

그러자 원고는 ㉲ 2014. 7. 8. 1,500만 원, ㉳ 2014. 7. 11. 400만 원 등 합계 1,900만 원을 추가 변제하였다.

On August 26, 2014, the defendant withdrawn the application for entry in the defaulters' list.

E. The Defendant again against the Plaintiff in this Court on January 8, 2015.

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