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(영문) 춘천지방법원 영월지원 2018.12.12 2017가단2651
부당이득 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 17, 2014, the Plaintiff and the Defendant concluded a contract with the following content, with the Plaintiff’s selling of approximately KRW 120,000,000 of the sales price for a distribution market located in Gangwon-gun C (hereinafter “instant distribution market”).

(hereinafter “instant contract”). The sales amount of KRW 120,00,000: 14,000 for down payment shall be KRW 14,00,000 for down payment, and the remainder shall be paid immediately after the seller’s management.

The outbreak of one-way ppuri disease shall be reduced, and the seller shall be responsible until it is shipped.

B. At the time of the above contract, the Plaintiff and the Defendant agreed that KRW 14,000,000 for the contract deposit was paid in advance between the parties, and the Defendant paid KRW 80,000,000 out of the remainder amount of KRW 106,000,000 for four occasions from March 30, 2015 to July 26, 2015 (=120,000,000 - KRW 14,00,000) to the Plaintiff.

C. On September 10, 2015, the Defendant asserted that the Plaintiff was suffering from a ppuri disease on the instant worship, and on September 10, 2015, the Plaintiff drafted and issued a loan certificate to pay KRW 65,000,000 to Defendant representative director D by December 30, 2015.

(hereinafter “this case’s loan certificate”). D.

D The claim for the agreed amount based on the loan certificate of this case was made as the preserved bond and filed an application for provisional seizure of real estate against the land and building on the land and building on the land owned by the Plaintiff in Ansan-si (U.S. District Court Decision 2016Kadan325), and on February 16, 2016, the provisional seizure registration was completed on each of the above real estate on the same date.

E. Around April 6, 2016, the Plaintiff paid KRW 65,000,000 to the Defendant, and D withdrawn the said provisional attachment application.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, 3 (including provisional numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant representative director D et al. was the Plaintiff, although there was no fact that there was a ppuri disease to the extent that the shipment of the instant ship was impossible.

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