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(영문) 수원지방법원성남지원 2016.10.05 2015가단37107
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion that Defendant B requested the Plaintiff to lend money several times, and the Plaintiff lent KRW 35,00,000,000 to Defendant B on August 24, 201 and KRW 35,000,000 on December 28, 2011. Since the said money was disbursed for the maintenance of the married community of the Defendants, the said lending constitutes a juristic act on daily home affairs, and the Defendants are jointly and severally obligated to return the said money to the Plaintiff. The Defendants, who are not recognized as lending between the Plaintiff and the Defendant, acquired the said money without any legal cause, and thus are obligated to return it to the Plaintiff as unjust enrichment.

2. Determination

A. 1) The Plaintiff is engaged in the construction business with the trade name “D”, and Defendant B is the E Co., Ltd. (hereinafter “E”) from November 2, 2009 to October 31, 201.

(2) In the event that the Plaintiff was aware of Defendant B through H around May 2010, the Plaintiff was awarded a subcontract for the said work. The Plaintiff was awarded a subcontract for the said work.

(hereinafter “instant construction”). H was in charge of the instant construction, and the Plaintiff’s employees and H used the office created by E.

3) On August 24, 2010, the Plaintiff remitted KRW 10,000,000 to the bank account under Defendant B’s name. On December 31, 2010, H wired KRW 20,000 to the bank account under Defendant B’s name. On July 31, 2011, H transferred KRW 20,000 to the bank account under Defendant B. 4), which became irrelevant to the Plaintiff due to the use of expenses and the failure to perform construction works, etc., and subsequently, it subsequently requested Defendant B to return the said amount by asserting that the amount was KRW 20,000,000 on December 31, 2010.

Defendant B received KRW 30,00,000 from Yong-Namon on September 20, 201, and transferred KRW 10,000,000 to the bank account under the Plaintiff’s name on September 21, 201, and KRW 20,00,000 to the bank account under the Plaintiff’s JJ.

5 H on September 21, 201, 201, in order for Defendant B to cover the insufficient amount of the vehicle purchase cost, H KRW 20,000,000 on December 31, 201.

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