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(영문) 서울북부지방법원 2020.02.13 2017가합23251
부당이득금
Text

1. The part of the claim for the confirmation of existence of a claim among the counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From October 21, 2015 to December 27, 2016, Plaintiff A received a total of KRW 764,040,000 from the Defendant, as indicated in the “money sent by the Defendant” in attached Table 2, and during the same period, Plaintiff A and the Defendant paid KRW 783,48,000 to the Defendant as indicated in the “money received by the Defendant” in attached Table 2.

(hereinafter referred to as “the instant monetary transaction” in total between the Plaintiff A and the Defendant.

Plaintiff

On April 14, 2016, Plaintiff A and the Defendant borrowed KRW 120,00,00 from the Defendant. The Defendant deposited money to the Plaintiff’s account at any time at the request of the Plaintiff A within the limit of KRW 120,000,000, and the Plaintiff A notified the Defendant of the date of return of the borrowed money by message or wire and deposited it into the Defendant’s account. The Plaintiff prepared and issued a loan certificate stating that “A will take place with a joint guarantor.” 2) On December 15, 2016, the Plaintiff re-designated the Defendant to the Defendant on December 15, 2016, the Plaintiff provided that “A will pay KRW 300,000,000 to the Defendant by December 22, 2016.”

The above loan certificate is accompanied by the plaintiff B, the plaintiff B, and the plaintiff F, who is the plaintiff A, entered as the guarantor, and the plaintiff B and F's seal was affixed thereon.

(hereinafter referred to as “each of the instant loans” in total of the loan certificates as of April 14, 2016 and the loan certificates as of December 15, 2016.

Plaintiff

On February 3, 2017, the defendant, who entered into a loan certificate and an assignment contract between B and the defendant, demanded the plaintiff B to pay the debt to the defendant of the plaintiff A jointly and severally guaranteed by the plaintiff B.

Accordingly, on February 3, 2017, Plaintiff B prepared and sent to the Defendant a written confirmation of loan (hereinafter “instant confirmation”) with the following contents, and transferred Plaintiff B’s claim against Plaintiff B’s D as shown in attached Table 1:

hereinafter referred to as "the case."

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