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(영문) 수원지방법원 2021.01.14 2020나84327
부당이득금 반환
Text

All of the plaintiff's claims that the court changed in exchange are dismissed.

The plaintiff's total costs of litigation.

Reasons

1. Facts of recognition;

A. The plaintiff is the husband C of the defendant.

B. The Plaintiff remitted to C, respectively, KRW 8 million on June 14, 2018, and KRW 2,80 million on June 25, 2018.

(c)

On June 14, 2018, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the head of Young-gu E and F (hereinafter “instant real estate”) for lease deposit (hereinafter “the instant lease deposit”) 1.6 million won and the lease term from June 20, 2018 to June 19, 2020.

(d)

Under the instant lease agreement, the Defendant agreed to pay D the amount of KRW 28,000,000,000, which was June 20, 2018, and KRW 24,00,000, respectively, on June 25, 2018.

E. On June 20, 2018, the Defendant paid D money with KRW 128,00,000 from G bank, and paid KRW 24,00,000 from the money that C received from the Plaintiff as stated in the foregoing paragraph (b) on June 25, 2018.

F. After the conclusion of the instant lease agreement, the Defendant and C were able to reside in the instant real estate while living in the same place. The Defendant brought an action against C, such as divorce, etc. on May 15, 2019, and the instant lease agreement was terminated around December 2019.

G. The Defendant received the instant lease deposit from D, and C transferred KRW 3.2 million to the Plaintiff on December 23, 2019.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence of Nos. 1 through 5, Eul evidence of No. 1 to 5 (including numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff remitted KRW 3.6 million to C. Of that, the amount of KRW 4 million was repaid by C, KRW 1.1 million was repaid by the Defendant, and KRW 2.1 million was repaid by the Defendant, and the remainder of KRW 2.1 million was jointly lent to C and the Defendant. Thus, the Defendant extended a loan, excluding KRW 3.2 million already returned to the Plaintiff.

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