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(영문) 대구지방법원 2019.07.11 2018가합207155
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion [specific contents are as follows: (a) dividends received from the Plaintiff’s monthly rent of KRW 84,247,651 below the monthly rent of the Plaintiff’s land 1 to the Defendant B account; (b) Defendant B 257,237,611 won in total; (c) Defendant C 22,592,543 won in total; (d) Defendant D 94,517,497 won in total; and (e) Defendant C 94,517,497 won in total; (e) KRW 114,50,000 won in total; (e) KRW 81,50,000 won in total; and (e) KRW 6.79 billion in total; and (e) KRW 6.75 billion in total on the Plaintiff’s land; and (e) KRW 6.79 billion in total on the Plaintiff’s land 500,000,000 won in Busan-gu 3.7.7.4 billion in total.7 billion won in total.

Therefore, Defendant B, as part of the amount indicated below, is obligated to return to the Plaintiff the amount of KRW 1 billion, Defendant C, Defendant C, Defendant D’s KRW 22,592,543, Defendant D’s KRW 944,517,497, and delay damages therefrom as unjust enrichment.

2. Whether the lawsuit of this case is lawful

A. If there is an agreement not to file a lawsuit even if there is a dispute over a specific legal doctrine or legal relationship (hereinafter “non-committee agreement”), a lawsuit filed in violation of this agreement shall have no interest in the protection of rights, and the parties and the persons involved in the litigation shall perform the lawsuit in good faith (Article 1(2) of the Civil Procedure Act). Thus, the lawsuit is not subject to the non-committee agreement.

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