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(영문) 서울중앙지방법원 2015.02.04 2014가합522031
대여금
Text

1. The plaintiff's primary and conjunctive claims are dismissed.

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

Reasons

The summary of the instant case is the case where the Plaintiff primarily sought the return of loan and return of unjust enrichment against the Defendants, on the ground that, even if the Plaintiff was withdrawn from the Plaintiff’s account and deposited into the Defendants’ account or transferred money to Defendant C Co., Ltd.’s account under the Plaintiff’s name (hereinafter “Co., Ltd.”) was lent to the Defendants, or did not so, the Defendants obtained unjust enrichment equivalent to the same amount without any legal cause.

On the premise of fact, the nominal account holder, such as the withdrawal of the Plaintiff’s deposit and the deposit of the Defendants’ account, terminated the deposit account in the name of the Plaintiff, including the Defendants Company, and the deposit was withdrawn on September 8, 2009, the regular deposit account in the name of the Plaintiff, the chairperson of the E Group (the largest shareholder), including the Defendants Company, with KRW 30 million KRW 2 G 2 G 3300 million KRW 33 billion KRW 4.3 billion KRW 5 billion KRW 4.3 billion KRW 5 billion KRW 5 billion KRW 6.3 billion KRW 7 billion KRW 8 billion KRW 33 billion KRW KRW 9.3 billion KRW KRW KRW 2.3 billion KRW 2 billion KRW 2.5 billion KRW 2.5 billion KRW 20 billion KRW

The account number in the name of the bank No. 1, the bank account amounted to KRW 2 billion in KRW 2 billion in KRW 2 billion in KRW 3 Q 2.2 billion in KRW 4.2 billion in KRW 5 billion in KRW 4.2 billion in KRW 5 billion in KRW 1.2 billion in KRW 2 billion in KRW 2.2 billion in KRW 3V. 4 billion in KRW 4.2 billion in KRW 1 billion in KRW 1,000 KRW 1.2 billion in KRW 2 billion in KRW 3V. 4.2 billion in KRW 2 billion in KRW 1,000 KRW 2 billion in KRW 2.3 billion in KRW 2 billion in KRW 2 billion in the name of the new bank, Defendant D Co., Ltd., Ltd., was opened in the name of the Defendants and deposited in the amount of the deposit on the same day as indicated in

Plaintiff

On April 23, 2010, in the name of the Plaintiff to the Defendant C account in the name of the Plaintiff, KRW 750 million was transferred to the Defendant C’s new bank account (Account Number: AA).

【In the absence of dispute, the Plaintiff’s assertion as to the Plaintiff’s claim for each of the items in Gap’s 5 through 10 (including each number), and the purport and main claim of the entire pleadings on September 8, 2009. The Plaintiff cancelled the Plaintiff’s term deposit and lent KRW 1 billion to Defendant B and C, and KRW 500 million to Defendant D on April 23, 2010, and KRW 750 million to Defendant C.

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