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(영문) 대전지방법원 2018.10.12 2018나104038
부당이득금반환
Text

1. The plaintiff's appeal is all 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. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) On June 5, 2014, the Plaintiff filed a claim against Defendant B with D with the purport that the Plaintiff would pay 16 million won of the loan to D in installments over 32 occasions from July 25, 2014 to February 25, 2017, the Plaintiff would pay 50,000 won each month in installments (hereinafter “notarial deed of this case”).

The Plaintiff drafted and agreed to deposit in the Defendant B’s deposit account each month. According to the instant notarial deed, from August 25, 2014 to March 26, 2015, the Plaintiff totaling KRW 3,500,000 (hereinafter “instant KRW 3.5 million”).

(2) Although Defendant B deposited money into Defendant B’s account, Defendant B did not deliver the instant KRW 3.5 million to D, Defendant B was obligated to pay the Plaintiff the amount of KRW 3.5 million, unjust enrichment, and delay damages therefrom. (2) In order to pay the installments on the instant Notarial Deed to Defendant C, the Plaintiff was obligated to pay KRW 500,000,000 to Defendant C’s deposit account on April 9, 2015; KRW 3.5 million; KRW 3.6 million on November 6, 2015; KRW 3.5 million on November 6, 2015; KRW 200,000,000 on December 8, 2015; KRW 200,000 on December 6, 2015; KRW 3.600,000 on January 26, 2016; and KRW 3.5 million on June 16, 2015.

B. The fact that Defendant B received KRW 3.5 million from the Plaintiff on the claim against Defendant B was transferred from the Plaintiff as an installment repayment in accordance with the instant notarial deed is not a dispute between the parties.

However, Defendant B did not deliver the instant KRW 3.5 million to D.

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