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(영문) 창원지방법원마산지원 2014.07.25 2013가합1396
부당이득금
Text

1. The Defendant: (a) KRW 45,00,000 for Plaintiff A and 5% per annum from May 22, 2014 to July 25, 2014; and (b) thereafter, for the following reasons.

Reasons

1. The plaintiffs asserted that the amount of KRW 76 million related to the loans of Samllllil Agricultural Cooperatives (hereinafter referred to as the "Tlim Agricultural Cooperatives"), KRW 287,790,670 related to the construction cost, etc. to D Co., Ltd. (hereinafter referred to as "D"), KRW 150 million paid by the defendant from D Co., Ltd. (hereinafter referred to as "Cowal") and KRW 141,790,670 related to lien, and KRW 541,790,670 related to lien, are claiming the return of unjust enrichment. Accordingly, the decision is made according to the items of the above argument.

76 million won against the plaintiffs 1) The plaintiffs asserted on December 12, 2007 and 10 parcels of land E and 10 parcels of land (hereinafter "E land") from Haan-gun, Haan-gun, etc.

A) A loan of KRW 200 million was borrowed from the Defendant with the purchase fund. The Plaintiffs completed the registration of ownership transfer for the land E on the 27th of the same month, and received KRW 300 million from the agricultural cooperatives which will offer as security. The Defendant unilaterally demanded the payment of the above loan, loan, loan, etc. without the Plaintiffs’ consent, and received KRW 276 million among them. Therefore, the Defendant did not have any other evidence to acknowledge that the Defendant arbitrarily received KRW 276 million, excluding KRW 200,000,000,000,000,000,000,000,000 won, out of KRW 276,66,15,24, and 25,000,000,000 won, excluding KRW 276,000,000,000,0000,000,000 won.

Rather, the following circumstances, which are acknowledged by comprehensively taking account of the purport of the entire arguments, namely, the Plaintiff A’s assertion that the Defendant defraudeded KRW 20 million out of the above money and accused the Defendant by fraud, 256 million out of the amount of KRW 276 million at the investigative agency, the Defendant paid the principal and interest interest to the Defendant, and 20 million won out of the amount of KRW 276 million at the investigative agency, stated that the Defendant was paid out of the loan brokerage fund, and the witness F directly stated that the Defendant was the Defendant at the time.

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