logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.10.17 2016가단66829
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In 2006, the Plaintiff visited, residing in, and became aware of D having operated C and fish driving institutes at around 2006, the Defendant was the wife of D.

B. At the request of D, the defendant resided in Korea and deposited D into the domestic account under the name of the defendant when D enters Korea, and paid directly or deposited into the account designated by D when D enters Korea.

C. On December 27, 2006, the Plaintiff, while staying in the Philippines upon request from E, who is the Plaintiff’s seat, had the Plaintiff transfer from the Plaintiff’s domestic account to the Defendant’s domestic account (hereinafter “23 million won on December 27, 2006”). On January 9, 2007, E transferred from the Plaintiff’s domestic account to the Defendant’s domestic account (hereinafter “30 million won”). D.

The Plaintiff brought a lawsuit against the Defendant and D on December 27, 2006, asserting that D and D embezzled the said money in collusion with the Defendant for embezzlement of KRW 30 million on January 9, 2007, on the ground that D and D lent the money lent to D and D, or that D joint and several surety was jointly and severally guaranteed by D. However, the first instance court rejected the Plaintiff’s claim on December 27, 2006 on the ground that it is difficult to view that D and D borrowed or agreed to stand jointly and severally for the amount of KRW 23 million on December 27, 2006, which was KRW 30 million on January 9, 2007.

E. The Plaintiff asserted to the effect that, while filing an appeal (this Court 2009Na5506), as to the sum of KRW 20 million on December 27, 2006 and KRW 50 million on January 9, 2007, if the Plaintiff transfers KRW 50 million to the Defendant’s domestic bank account, the Defendant transfers the amount to the Defendant’s local bank account, and that there was an agreement on the return of the amount of custody to D to return it to the Plaintiff by withdrawing it.

arrow