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(영문) 대전지방법원 2018.11.15 2017가단200679
부당이득금
Text

1. The Defendant’s KRW 92,00,000 and the Plaintiff’s annual rate of KRW 5% from December 18, 2013 to January 18, 2017.

Reasons

1. Facts of recognition;

A. The Defendant was living together with C around 2012 and around 2013.

B. On September 25, 2011, the Defendant borrowed approximately KRW 240 million to C, such as borrowing KRW 100 million of stocks as collateral, and C, on September 25, 2013, drafted a certificate of loan with the date of borrowing “as of June 201 and around July 7, 2011,” “principal KRW 240 million” and “as of October 30, 2013 (former KRW 30 million, October 10, 2013).”

C. C requested the Defendant to lend an additional amount of money on or around October 2013, and the Defendant said that “A preferential repayment of KRW 100 million is to be made by the Defendant to repay the amount of KRW 100 million borrowed from D bonds and then to receive a loan of KRW 300 million after ascertaining the possibility of the loan thereafter,” around October 2013.

C was not holding shares, and there was no particular property, and even if the Plaintiff borrowed money from the Plaintiff, the Plaintiff did not intend to repay the borrowed money or to lend the above shares as a promise, and on December 11, 2013, the Plaintiff, which was aware of through introduction of F, an employee, “I hold shares E 25,00,000,000 won after receiving a loan from D securities as security, and was not repaid KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000 won, was not repaid until December 18, 2013.

E. On December 17, 2013, the Plaintiff delivered KRW 92 million to C in the securities parking lot located in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, and C above.

In accordance with the defendant's proposal, 92 million won was paid to the defendant who was waiting for the above building immediately.

hereinafter above 92 million won is referred to as "the money of this case".

The Defendant, along with C, managed by the Defendant in D Securities.

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