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(영문) 대구지방법원 2016.06.14 2014가단55984
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,353,670 to the Plaintiff (Counterclaim Defendant) and its related amount from October 8, 2014 to June 14, 2016.

Reasons

1. The Plaintiff is an individual entrepreneur who had operated a trade name “D” located in the Gu and Si from April 5, 2011, and the Defendant was employed by the Plaintiff and worked at the said workplace.

On July 4, 2012, the Defendant lent KRW 20 million to the Plaintiff.

On September 21, 2012, the Plaintiff prepared a cash custody certificate stating "I shall receive and keep KRW 20 million on July 4, 2012, and return it at any time at the request of the requester for custody" and issued it to the Defendant.

After September 21, 2012, the Defendant received KRW 41,730,00 from the Plaintiff. The Defendant claimed that the Plaintiff pay KRW 30,000 (12 months x 2,500,000) and KRW 1,048,00,00,000,00 from August 21, 2012 to July 2013, and the Plaintiff’s court-related business by proxy, and appropriated KRW 1,258,00,00,00,000 remaining after being appropriated for the repayment of the loan. As such, the Defendant claimed that the Plaintiff pay the principal and KRW 1,048,00 (the assertion that KRW 9.522,00 is based on calculation) and damages for delay remaining to the Defendant.

The Defendant’s above claim is based on the Supreme Court Decision 2015Da37139 Decided September 21, 2012, stating that “the Plaintiff is in custody of KRW 20 million on September 21, 2012,” and barring any special circumstance, the loan remains in full KRW 20 million as of September 21, 2012, and thus, the Plaintiff’s assertion that the amount of loan was transferred to the Defendant from July 4, 2012 to September 21, 2012 cannot be accepted.

However, there is no evidence to acknowledge that there is a claim of KRW 1250,000 against the defendant's assertion.

On July 23, 2012, the Plaintiff transferred 2.3 million won to the Defendant on July 23, 2012, and 2.3 million won out of the transferred money for each month is the Defendant’s salary.

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