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(영문) 서울북부지방법원 2020.02.07 2019나30974
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 13, 2015, the Defendant and the Plaintiff (a corporate name C was changed to L corporation on January 9, 2017, and as of September 19, 2017) appears to be written in the investment contract on January 14, 2015, stating that “The Defendant would make an investment contract to the Plaintiff as “as of January 14, 2014,” but it is deemed that the investment contract was written in writing to the Plaintiff as “as of January 14, 2015,” while the investment contract was written in writing to the effect that the Plaintiff would make an investment amount of KRW 20 million and make an investment profit amount of KRW 30 million,000,000,000 in total as of February 14, 2015, and that the Plaintiff would have made an investment contract to sell in lots to the Defendant as of February 14, 2015.”

B. On January 14, 2015, the Defendant paid KRW 200 million to the Plaintiff (hereinafter “instant KRW 200 million”).

C. On January 14, 2015, E, the Plaintiff’s representative director, prepared a certificate of personal loan to the Defendant that “E borrows KRW 200 million from the Defendant with the interest accrued until the due date as KRW 1.30 million,” and on February 15, 2015, the Plaintiff issued to the Defendant a certificate of loan to the effect that “The Plaintiff borrowed KRW 200 million from the Defendant with the due date as KRW 1.3 million with the interest accrued until the due date as KRW 1.3 million.”

On December 23, 2015, the Defendant received promissory notes from the Plaintiff, which cause KRW 350,000,000 from the Plaintiff, and on the same day, a notary public drafted a notarial deed (hereinafter “notarial deed of this case”) with No. 955 of a law firm G deed (hereinafter “notarial deed of this case”).

E. On March 28, 2016, the Plaintiff (hereinafter “Plaintiff”) paid KRW 10,00,000 to the Defendant and August 3, 2016.

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