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(영문) 서울동부지방법원 2019.05.15 2018나27234
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother E and the Defendant’s mother C are school students.

B. E and C have made several monetary transactions by either directly or through the account of their children under the pretext of borrowing or repayment from around 2011 to March 2016, such as payment of goods, etc.

C. On July 27, 2014, the Plaintiff remitted total of KRW 5,750,000,000 to the Defendant’s financial account, and KRW 5,750,000 on July 28, 2014.

In the previous litigation between E and C, in each case of loans 12,80,000 won (including the above 5,750,000 won) out of the principal claim of E, and the total amount of 7,67,00 won for loans and goods out of the counterclaim claim of C, and eventually, “C” was sentenced to a judgment of KRW 5,133,000 (= 12,80,67,000 - 7,67,000 - 7,67,000 won - 7,67,000 won) and damages for delay thereof, and the judgment of KRW 30,96 (principal claim) and KRW 12,00,000, KRW 16,589 (principal claim), KRW 2016,5974 (principal claim), KRW 200, KRW 3000, KRW 16050, KRW 7005, KRW 9700, KRW 3097507,0500.

The above appellate court rejected the claim for loans of KRW 5,750,00,000 for the above KRW 5,750,000, E at the time, for the reasons that “E made a payment to F, and KRW 5,750,000 for the loan interest of KRW 5,750,00,000 for the loan to be paid to C by the husband of F (i.e., the principal amount of KRW 5,00,000). However, the appellate court rejected the claim for loans of KRW 5,750,00 for the following reasons: (a) E, at the request of G or F, remitted KRW 5,750,00 to the Defendant’s financial account, which is his/her father, and subrogated for the payment of KRW 5,750,00 on July 27, 2014.”

3) Subsequent to the Supreme Court Decision 2017Da261738 (principal lawsuit), and 2017Da261745 (Counterclaim), E appealed was dismissed on December 7, 2017 (hereinafter referred to as “each of the above lawsuits”).

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