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(영문) 울산지방법원 2019.11.19 2019가단104807
대여금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Determination on the main claim

A. The Plaintiff’s assertion is as follows: (a) on May 18, 2018, the Plaintiff claimed for KRW 3 million against ASEAN; and (b) on the same year.

6. Around 14.7 million won, around November 8, 2018, a total of KRW 30 million lent KRW 40 million, and the Defendant succeeded to D.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 40 million and damages for delay.

B. Determination of the Plaintiff: (a) KRW 3 million on May 18, 2018 to the network D; and (b) the same year

6. The fact that the remittance of KRW 7 million, and KRW 30 million, around November 8, 2018, to KRW 40 million, has no dispute between the parties.

The evidence submitted by the Plaintiff alone is insufficient to readily conclude that the Plaintiff is a loan under the pretext of money remitted to the network D as above, and there is no other evidence to acknowledge this otherwise.

In light of the following: (a) the Plaintiff’s personal relationship with the network D; (b) the Plaintiff and the network D had a lot of money transactions; and (c) the Plaintiff entered most of the “satisf development” and remitted the said amount, the Plaintiff’s assertion cannot be readily concluded as a loan, as alleged by the Plaintiff.

2. Judgment on the counterclaim

A. On January 15, 2019, the Defendant, who is the primary cause of the Defendant’s primary claim, delegated the Plaintiff to pay KRW 20 million to the Plaintiff through a person with parental authority C, but the Plaintiff used the amount as an individual in violation of the duty of acceptance.

Therefore, the Plaintiff is obligated to pay the Defendant the damages amounting to KRW 20 million and the damages for delay.

As seen above, the Plaintiff, who received KRW 20 million and used it individually to obtain and use it as unjust enrichment without any legal ground, and incurred damages to the Defendant for the amount of loans equivalent to the net D’s loans. As such, the Plaintiff is obligated to pay the Defendant the amount of KRW 20 million and the damages for delay due to return of unjust enrichment.

B. The Plaintiff’s defense prior to the merits is not related to the principal lawsuit, and thus, the Civil Procedure Act.

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