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(영문) 대구지방법원 2018.05.30 2017나306332
부당이득금반환
Text

1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 50,000,000 and this shall apply.

Reasons

1. Facts of recognition;

A. On December 12, 2014, the Plaintiff leased KRW 20,000,00 to the Defendant as of October 12, 2015.

B. On September 27, 2016, the Plaintiff decided to lend KRW 30,000,000 to the Defendant on December 27, 2016, with the due date set as the payment period set by December 27, 2016, and transferred KRW 27,90,000,000, which deducted the interest payment from the Defendant’s ancillary C’s account on the same day.

On September 27, 2016, the Defendant drafted a loan certificate stating that the sum of the above loans was KRW 50,000,000 and December 27, 2016, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 50,000,000 and the damages for delay calculated at the rate of 15% per annum from February 6, 2018 to the day of full payment, which is the day following the delivery of the application for modification of the claim and the cause of the claim filed by the Plaintiff, from January 23, 2018.

3. In conclusion, the claim of this case that the plaintiff changed to exchange in this court is justified.

(A) The appeal against the defendant was withdrawn from the exchange change in this court, and the judgment of the court of first instance against it was invalidated).

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