logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.08.27 2013가단228717
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the cause of the claim is as follows: while C was unable to obtain the claim amounting to KRW 35 million from C, it is known that it would receive KRW 100 million from June 19, 2013 as the fraternity of the 100 million foot Nos. 100 million in which C is the Defendant’s owner; and the Defendant is obligated to pay KRW 85 million, out of KRW 100 million to C, to the Plaintiff himself/herself; and C paid KRW 50 million from the total amount of the deposit of accounts ( KRW 30 million in April 2013, and KRW 20 million in May 2013, 2013) to the Defendant; and C received KRW 85 million from the above total amount of deposit claims. The Defendant is obligated to pay KRW 85 million to the Plaintiff.

2. Facts of recognition;

(a) C: (a) the Defendant organized, ① the 100 million system of accounts (five million won per month deposit) operated from July 19, 2012 to September 19, 2014; (b) the 100 million system of accounts operated from September 23, 2012 to December 23, 2014 (five million won per month deposit); (c) the 200 million won system of accounts operated from January 19, 2013 to October 19, 2014 (seven million won per month deposit); and (d) the 100 million won system of accounts opened from February 19, 2013 to April 19, 2015 (five million won deposit).

B. The Plaintiff urged C to repay the debt amounting to KRW 35 million, and C is expected to receive KRW 100 million from the Defendant as of June 19, 2013, and the Plaintiff would pay the credit amount to the Plaintiff if he/she would be paid the credit amount.

Accordingly, on May 2, 2013, the Plaintiff paid KRW 29 million directly to the Defendant ( KRW 2.0 million, KRW 5 million, KRW 5 million, KRW 2.00 million, KRW 2.00 million, KRW 5 million on March 2, 2013, KRW 2000, KRW 2000, KRW 22.00,000 on the same day and from C and the Defendant: KRW 65,00,000, KRW 65,000, KRW 100,000 to receive KRW 100,000 from the money paid by the Defendant, the Plaintiff, as the owner of the household, in the presence of C, from the amount paid by the Defendant, on June 19, 2013, and the remaining money ( KRW 30,000,000) should be paid to C in writing: Provided, That the Plaintiff signed and sealed the amount to the Defendant on May 19, 2013.

arrow