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(영문) 대전지방법원 천안지원 2018.08.30 2017가단113866
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2001, the Plaintiff received a loan of KRW 20 million from C Bank, and paid it to the Defendant.

B. On March 22, 2007, the Plaintiff obtained a loan of KRW 70 million from C Bank, and repaid KRW 20 million on May 19, 2001. On April 27, 2007, the Plaintiff repaid KRW 40 million out of the above loan of KRW 70 million.

C. On April 18, 2012, the Plaintiff borrowed KRW 30 million from C Bank on the same day and repaid KRW 30 million on March 22, 2007 on the same day.

On November 6, 2013, the Plaintiff obtained a loan of KRW 40 million from C Bank, and transferred KRW 306,100,000 to D in the name of the Defendant on the same day, and deposited KRW 9,39,000 in cash on November 12, 2013.

E. On December 19, 2016, between E and E, the Plaintiff entered into a lease agreement with respect to F apartment G located in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-gu, the Plaintiff’s ownership as the rental deposit amount of KRW 150 million, and the term of lease from January 12, 2017 to January 11, 2019, and received KRW 140 million from E as the down payment on December 19, 2016, and the remainder of January 12, 2017. Of the remainder of the above rental deposit, the Plaintiff used KRW 30 million in repayment of KRW 30 million on April 18, 2012; KRW 40 million in repayment of loans on December 4, 2017; and KRW 7 million in payment to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 5, 7 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The purport of the parties’ assertion is to lend the Defendant a loan of KRW 20 million from May 19, 2001, ② a loan of KRW 10 million from March 22, 2007, ③ a loan of KRW 40 million from November 6, 2013, respectively. The Plaintiff used the Plaintiff’s remainder of the security deposit of KRW 140 million from January 12, 2017 to repay the Defendant a loan equivalent to the above loan of KRW 70 million from the remainder of the security deposit of KRW 140 million from E, and additionally lend KRW 70 million to the Defendant.

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