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(영문) 대구지방법원 2020.01.17 2019가단114512
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From the end of 2014, the Plaintiff and the Defendant served as a nurse at the Korea Medical Institute as a nurse.

From January 2015, the Plaintiff borrowed money from the Defendant without a loan certificate and repaid it.

B. From August 12, 2016 to July 24, 2018, the Defendant remitted the Plaintiff’s Daegu Bank D account totaling KRW 3.82,00,000 to the Plaintiff’s Daegu Bank D account, and the Plaintiff wired the Defendant totaling KRW 14,44,798 from August 12, 2016 to February 25, 2019.

C. From October 9, 2015 to August 15, 2017, the Defendant remitted the Plaintiff’s Daegu Bank E account totaling KRW 4,324,500 to the Plaintiff’s Daegu Bank E account. From January 9, 2017 to February 18, 2019, the Plaintiff transferred the Plaintiff’s total KRW 15,902,60 to the Defendant from the Plaintiff’s said account.

From January 9, 2015 to November 16, 2016, the Defendant remitted KRW 15,677,151 to the Plaintiff’s Daegu Bank’s Financial Account, and the Plaintiff wired KRW 3,638,00 in total to the Defendant from January 28, 2015 to October 20, 2017.

E. On March 7, 2016, the Defendant remitted KRW 200,000 to the Plaintiff’s Agricultural G account, and the Plaintiff remitted the sum of KRW 5,936,00 to the Defendant from April 27, 2018 to May 25, 2018.

F. The Plaintiff’s father H heard that the Plaintiff assumed the Defendant’s obligation, and paid the Defendant totaling KRW 2,775,592 from November 1, 2017 to November 14, 2017.

G. On February 13, 2019, the Plaintiff prepared a letter stating that “If the Plaintiff pays KRW 1 million to the Defendant from March 2019 to December 2019, the remainder shall be KRW 1.3 million.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant lent total of KRW 24,021,651 to the Plaintiff without any separate interest agreement and received total of KRW 59,896,990 from the Plaintiff. Therefore, the Defendant should return to the Plaintiff the amount of KRW 35,875,339 (= KRW 59,896,990 – KRW 24,021,651).

3. A party to the determination shall have its own will.

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