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(영문) 서울중앙지방법원 2016.03.30 2015가단5267292
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2010, Pussian Co., Ltd. issued and delivered a promissory note (hereinafter “instant promissory note”) with a face value of KRW 160 million and the due date on July 20, 2010 to D Co., Ltd. (hereinafter “Nonindicted Company”).

B. Around February 2010, E, the representative director of the non-party company and the husband of the Plaintiff, asked Defendant B, the representative director of the Defendant Company C (hereinafter “Defendant Company”) to discount the instant promissory note. Defendant B agreed with E to deduct the amount of KRW 80 million from the amount of the instant promissory note discount, and paid the remainder to E, and received the instant promissory note endorsed endorsed in the order of the non-party company, the Plaintiff, and the non-party company.

C. On April 19, 2010, the Plaintiff withdrawn KRW 100 million from the new bank account (F) under his name with cashier’s checks (G; hereinafter “instant checks”) to E, and issued the instant check to the Defendant Company on the 20th of the same month. On the same day, the instant check was deposited into the current bank account (H) in the name of the Defendant Company.

On the other hand, the Defendant Company endorsed the Promissory Notes in this case and delivered them to I, and I applied against the Plaintiff for a payment order claiming payment of KRW 160 million at the face value of the Promissory Notes as the Suwon District Court Decision 201j199, Suwon District Court, for the payment order of KRW 160 million at the face value of the Promissory Notes and its delay damages. The above court issued the payment order on January 21, 201 and issued the payment order on the same year.

2. 10. A final and conclusive date.

E. Based on the above finalized payment order, I applied for a compulsory auction to K with Seoul Western District Court on the housing of 109.1 square meters and 2nd floor owned by the Plaintiff, and the above court rendered a decision to commence compulsory auction on April 12, 2013.

F. Afterwards, the Plaintiff and I agree on June 25, 2013 on the repayment period of the obligation under the payment order finalized by I to the Plaintiff.

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