(영문) 수원지방법원성남지원 2014.10.21 2014가단20232

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(영문) 수원지방법원성남지원 2014.10.21 2014가단20232

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C deposited KRW 97 million into an account under the name of the Defendant on January 23, 2009.

B. The Plaintiff remitted a total of KRW 4.9 million to C from May 6, 2009 to May 3, 2010.

In addition, the plaintiff had D deposit KRW 20 million with C on July 28, 2010.

On the other hand, the defendant paid KRW 10 million to the plaintiff around 2010.

C. C filed a lawsuit against the Plaintiff with the Seoul Central District Court 2010Gahap92938, seeking reimbursement of KRW 170 million as loans to the Plaintiff.

(hereinafter “instant prior suit”). Of the amount claimed by C as a loan to the Plaintiff in the instant prior suit, the argument that C transferred to the account in the name of the Defendant was included in the claim that C would have lent KRW 97 million on January 23, 2009, after deducting interest and lending KRW 100 million to the Plaintiff.

In the preceding lawsuit of this case, the plaintiff argued that the defendant borrowed the above KRW 100 million from C on January 23, 2009, and that the plaintiff is not liable for the above KRW 100 million, and that he is liable for the remainder of KRW 70 million.

Accordingly, in the preceding lawsuit of this case, the Plaintiff expressed his/her intention to transfer to C the right to claim payment of the deposit money (10 million won) deposited by this Court No. 6208, and notified the Republic of Korea of the assignment of the claim. 2. The Plaintiff shall pay C the amount of KRW 45 million up to November 31, 201, and if the payment of the said amount is delayed until the date of the payment, the Plaintiff shall pay C the amount calculated by adding 20% interest per annum from December 1, 201 to the date of full payment.”

(D) The Plaintiff, upon the instant decision, paid KRW 54 million to C on December 1, 201, in addition to KRW 100,000,000,000,000 to the said deposited money. [The Plaintiff, upon the instant decision, paid KRW 54,00,000,000 to C [the fact that there is no dispute over the grounds for recognition, 2-1-4, 3-1-4, 1-4, 4, 5, and 13-2,

2. The assertion and judgment.

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