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(영문) 대구지방법원 2016.01.15 2015가단10070
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) In borrowing money from the Defendant, C borrowed a total of KRW 270 million from the Defendant on several occasions (one hundred million from the borrowed money as of January 5, 2013), but C borrowed a total of KRW 170 million from the Defendant (one hundred million from the borrowed money as of January 17, 2014), the Plaintiff, upon the Defendant’s deception, wired a total of KRW 3220 million from the Defendant (one hundred million from the borrowed money as of December 5, 2013). However, C borrowed a total of KRW 150 million from the Defendant (one hundred million from the borrowed money as of December 5, 2013).

3) Therefore, the Defendant, without any title, obtained the profit of KRW 70 million (amounting to KRW 347 million - loan amounting to KRW 270 million - loan amounting to KRW 270 million), which is the amount equivalent to the difference between the above loan and the amount repaid by the Plaintiff, and has the obligation to return this amount to the Plaintiff with unjust enrichment. (B) The Defendant’s assertion 1) upon the Plaintiff’s request that the factory equipment funds of the Plaintiff be needed, KRW 345 million (=150 million loan amounting to KRW 170 million on December 5, 2013, KRW 170 million on loan amounting to KRW 170 million on loan amounting to KRW 25 million on loan amounting to KRW 25 million on February 19, 2014 and KRW 25 million on loan amounting to KRW 240 million on the same month).

2) After doing so, the Plaintiff paid the Defendant totaling KRW 347 million to pay the above loans and the expenses of establishing the right to collateral security.

Therefore, the plaintiff's claim of this case is without merit.

2. Determination

A. The Plaintiff’s KRW 82 million to the Defendant on January 17, 2014, and the same year

3. 10 million won, 25 million won, and the same year.

4. 22.10 million won each remitted and paid a total of KRW 347 billion between the parties concerned. There is no dispute between the parties.

B. Furthermore, even though the Defendant lent KRW 270 million to C, the difference is the difference upon deceiving the Plaintiff and receiving KRW 347 million.

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