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(영문) 서울중앙지방법원 2020.04.21 2019가단45631
부당이득금반환 청구의 소
Text

1. The Defendant’s KRW 64,480,00 to the Plaintiffs, as well as 5% per annum from December 1, 2017 to April 21, 2020.

Reasons

1. Basic facts

A. Plaintiff B is a relative with the Defendant, and Plaintiff A is the wife of Plaintiff B.

On January 22, 2009, the defendant lent money to the plaintiffs several times, and the notary public prepared a notarial deed with the following content (hereinafter referred to as the "notarial deed of this case") as the Do Joint Legal Affairs No. 45 of 2009.

Article 1 (Purpose) The creditor lent 38,500,000 won to the debtor on January 22, 2009, and the debtor borrowed it.

The repayment shall be made from February 2009 to June 2009 in the amount of KRW 1,00,000 each month from February 2009, and shall be made in the same year.

3. 10,00,000 won, remainder 23,500,000

6. Payment in installments;

Article 3 (Interest) The public disturbance of Article 5 (Compensation for Delay) is the defendant A's agent and the plaintiff B's creditor

B. On August 23, 2013, Plaintiff A promised to pay KRW 24,600,000 to the Defendant for a lump sum payment from November 22, 2013 to KRW 1,00,000 each month, and to pay for a lump sum payment as prepared money. On July 1, 2014, Plaintiff A promised to pay KRW 1,00,000 per month and KRW 1,00,000,000 per month and KRW 25,000 per month. If the commitment would not be implemented, Plaintiff A prepared each of the instant notes (hereinafter referred to as “each of the instant notes”).

C. From February 5, 2009 to November 30, 2017, the Plaintiffs paid each money in the “transaction Amount” column to the Defendant on each date indicated in the “Date of Transaction” column for the attached financial transaction statement.

On September 12, 2018, the enforcement officer E affiliated with the Seoul Central District Court attached various swimming clothes from the first floor H of the Seoul Central District Court on September 12, 2018 by the original copy of the decision of seizure of F Ccorporeal movables by the defendant's delegation of execution, and made it clear that they are seized by the method of seizure list, and kept them to the plaintiff B with the consent of the defendant.

E. The Plaintiffs are Seoul Western District Court against the Defendant.

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