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(영문) 청주지방법원 제천지원 2018.01.11 2015가합10212
부당이득금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiff A is the wife of the network D (hereinafter “the deceased”), and the Plaintiff B’s children.

The defendant is the birth of the deceased.

[Ground for recognition] Unsatisfy

2. Determination as to the defendant's defense prior to the merits

A. The Defendant, without any legal ground, caused the Plaintiff’s claim, without any legal ground, sustained a considerable amount of money transferred by transferring the money deposited in shares dividends to the bank account owned by the Plaintiffs (Plaintiff ABK E, Plaintiff BIBKF, hereinafter “each deposit account of this case”) to the financial account under his own name, and suffered a loss equivalent to the same amount.

Therefore, the defendant is obligated to pay to the plaintiff A 108,496,644 won, 128,456,174 won, and 15% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

B. The Defendant’s lawsuit of this case prior to the merits is unlawful as it violates the subordinate arrangement.

C. In full view of the overall purport of the pleadings, the Defendant’s statement Nos. 4 through 9 of the evidence No. 1, 2, and 3 as to whether the authenticity of the evidence Nos. 4-1, 3-1 of the evidence No. 3 (the part that “the Plaintiff received 100 million won in the passbook No. 6”) and the Plaintiffs’ names and seals or signatures on the Plaintiffs’ names are written and sealed by the Plaintiffs themselves, and the Plaintiffs’ names and seals on No. 1 and 2 of the evidence Nos. 1 and 3 (written confirmations) are presumed to have been signed and sealed by the Plaintiff, and the authenticity of each of the above documents is presumed to have been established. The Plaintiffs asserted that the evidence No. 3-2, 3, 4, 14, and 15 (including the evidence No. 3-2, 4, and 15) were forged.

Each entry and part of Gap evidence 3-1 shall be alone.

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