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(영문) 수원지방법원 2013.10.08 2013가합9973
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are siblingss, and the Plaintiff serves as the representative of the E Medical Foundation F Hospital of the E Medical Foundation (hereinafter “E Medical Foundation F Hospital”) established by the Plaintiff, which was put in place in Ansan-gu D from around 1999 by the Plaintiff.

B. On May 16, 2012, the Defendant sent to the above hospital a document verifying the content of “Around June 15, 2012, the Defendant: (a) lent KRW 600 million to the above hospital where the management status was difficult due to the Defendant’s unpaid remuneration, and (b) was confirmed to have not been held liable due to business normalization; (c) the sum of the principal amount of KRW 60 million and the interest on KRW 360 million was KRW 30 million; and (d) on June 21, 2012, the Defendant sent a document verifying the content of “a request to deposit the principal amount to the Defendant’s passbook before the June 15, 2012; and (e) on June 21, 2012, the above hospital sent a document proving that “A criminal complaint is to be filed with the Prosecutor’s Office accompanied by all the account books related to the hospital’s funds, unless the execution of the requested funds was completed by June 28, 2012.”

C. On June 28, 2012, the Plaintiff sent a letter of content certification to the Defendant via G, one’s advisory lawyer, “F Hospital did not borrow money from the Defendant, and even if borrowed from domestic affairs, it was intended to refuse the Defendant’s claim upon expiration of the extinctive prescription. However, if the execution of the funds requested by the Defendant by June 28, 2012 is not completed, the Defendant notified the Defendant that it would file a criminal complaint with all of the books related to the provisional deposit, and if so, the relationship between the penalty cannot be recovered, as well as the relationship between the penalty and the attached’s reputation may be inferred, and the Plaintiff’s personal money should be transferred to the Defendant’s account.” On the same day, the Plaintiff deposited KRW 960 million with the Defendant’s account.

Accordingly, on July 3, 2012, the defendant called the plaintiff and G attorney-at-law to transfer the plaintiff's money to the defendant in June 28, 2012.

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