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(영문) 의정부지방법원고양지원 2019.11.13 2019가단78001
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 28,40,080 as well as 15% per annum from January 2, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff requested the Defendant to receive KRW 100 million loans to C, and the Defendant received KRW 100 million from C and delivered KRW 70 million to the Plaintiff.

B. On March 10, 2017, a letter of performance between the Plaintiff and the Defendant was drawn up as follows (hereinafter “instant letter of performance”).

Amount: Amount of KRW 30 million: Creditor of the unpaid balance amount of KRW 100 million payable to the creditor of the remainder payment: 15% per annum; Defendant: The date of repayment of debts: January 1, 2018; the fact that there is no dispute over the grounds for recognition; entries in Gap evidence 1; and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff selectively received KRW 100 million from C, and the Defendant paid only KRW 70 million to the Plaintiff. As such, without any legal ground, the Defendant derived profit of KRW 30 million.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment of KRW 30 million and damages for delay calculated by adding up 15% per annum under the agreement from January 2, 2018.

In addition, the Defendant agreed to pay 30 million won from the instant written performance angle to January 1, 2018, and to pay 15% interest per annum if the Defendant fails to comply with it.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 30 million and damages for delay calculated by adding up 15% per annum under the agreement from January 2, 2018.

B. Defendant 1) Of KRW 100 million received from C, the Plaintiff was paid KRW 70 million to the Plaintiff, and the remainder KRW 30 million was used as living expenses according to an agreement with the Plaintiff. Therefore, the Plaintiff’s assertion that the Defendant unjust enrichment of KRW 30 million is without merit. In addition, the Defendant merely signed and sealed the instant performance sheet in blank, and the instant performance sheet was modified later, and the Plaintiff’s assertion of the contract amount is without merit. 2) If the Defendant is liable to pay KRW 30 million to the Plaintiff, the Defendant is not more than the following table.

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