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(영문) 전주지방법원 2016.10.26 2014가단17802
부당이득금
Text

1. The Defendant’s KRW 31,805,00 and the Plaintiff’s 20% per annum from May 1, 2014 to September 30, 2015, and the following.

Reasons

1. Facts of recognition;

A. From January 13, 201 to June 13, 2013, the Defendant’s accession C and D organized and operated a total of KRW 30,000,000 per annum, KRW 50,000 per annum, and KRW 2,085,00 per annum (hereinafter “C”) and the Defendant was transferred to the former bank account in the name of the Plaintiff (E; hereinafter “instant First Account”) in which the Defendant used the Plaintiff from May 13, 201, out of KRW 50,000,000,000 per annum.

D From December 25, 2011 to September 25, 2013, the Plaintiff organized and operated a total of 22 accounts, KRW 10 million, KRW 480,000 per month prior to the receipt of the deposit, and KRW 570,00 per month after the receipt (hereinafter referred to as “D”), and on February 27, 2012, the Defendant was transferred from the Plaintiff 10,000 won and interest rate of KRW 2,40,000 to the Plaintiff, KRW 320,000,000 for the Defendant’s insurance premium payment, and KRW 215,200,00 after deducting the Defendant’s husband’s hospital payment of KRW 314,874,800 from the Defendant’s husband’s deposit.

B. From October 25, 2012 to July 25, 2014, the Defendant joined the Plaintiff’s fraternity with the Plaintiff, G, and H as the share holders and organized and operated by the Plaintiff, G, and H, KRW 22 of the total accounts, KRW 10 million, KRW 480,000 per month prior to the receipt of the deposit amount, KRW 580,00 per month after the receipt of the deposit amount (hereinafter “instant fraternity”), and KRW 2,50,000 per month.

Since then, the Defendant received from the Plaintiff KRW 7 million from the Plaintiff on November 26, 2012, KRW 50,000,000 from the Plaintiff, KRW 5,000,000,000 from the Plaintiff, and KRW 2.5,000,000,000,000,000 from the Defendant’s birth, from the Defendant’s birth, for transfer. Of KRW 10,30,000,00,000 from the Defendant’s birth, KRW 5,000,000,000,000,000,000,000 from the Plaintiff, and KRW 1,021,326,00,00 from the Defendant’s payment of the Defendant’s insurance premium to the Plaintiff, KRW 5,880,00,00,00 from the Defendant’s birth, 128,674,00.

However, the Defendant paid 40,000 installments of 2 and 5, and paid 1,9720,000 won for the remainder 17 times from March 25, 2013 to July 25, 2014.

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