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(영문) 서울중앙지방법원 2014.11.19 2014나27196
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are members of the fraternity operated by the non-party C.

B. However, when the limits created by Nonparty C were dispatched around December 2010 and the members suffered damages, the members of the fraternity, the victims, constituted a claim group and discussed the countermeasures.

C. Meanwhile, as one of the members of the fraternity, the Plaintiff received KRW 200 million claims against C, separate from the foregoing claim group, and around March 201, the Plaintiff sent to E a letter including the content of defamation against E, Attorneys F, and Credit group.

In this process, the Plaintiff offered a claim against the Plaintiff. The Plaintiff issued a promissory note as of July 25, 201, the face value of which was KRW 96 million, and the due date was KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

1. A wishes to transfer monetary claims of KRW 196 million against D taken over from C in December 2010 to E, and the obligor D agrees, without any condition, to transfer the monetary claims of KRW 196 million from A to E by the obligee.

2. No A shall collect the above claims from D after March 29, 2011.

D shall enter into force only on the part of E, F, and B with respect to the above obligations.

E The legal status of E is recognized as being the position representing creditors F, B, etc.

3.D shall pay to E, F, and B the 196 million won of the above debt by April 30, 2011.

Provided, That from April 1, 201, the interest for arrears of 1.5% per month shall be paid from April 1, 201 to the time the obligation is repaid.

4.D is equivalent to the above KRW 196 million to E, F, and B on March 29, 2011.

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