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(영문) 서울중앙지방법원 2015.10.15 2015가단10118
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. On May 8, 2007, the Plaintiff and the Defendant jointly drafted the title of the agreement, which is the agreement, as follows.

“The Defendant and the Plaintiff agree in the partial withdrawal of the lawsuit of demurrer against distribution against the Plaintiff in relation to the lawsuit of demurrer against distribution No. 2006Gahap29600 as follows. When the Plaintiff finds dividends, the Defendant withdraws the lawsuit on the condition that KRW 100 million be paid to the Defendant.”

B. On May 9, 2007, the defendant filed a lawsuit of demurrer against the plaintiff et al. with the court for the withdrawal of the lawsuit against the plaintiff et al.

C. On May 10, 2007 following the date of withdrawal of the lawsuit, the plaintiff filed a written withdrawal of the lawsuit and the defendant's written consent to it with Sungnam support to find out the deposited dividends, and paid 18 billion won out of them to the defendant.

[Reasons for Recognition] Unsatisfy, Gap 4-1, Eul 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the above KRW 18 billion was lent to the Defendant, and thus, the Plaintiff seeks the return of the amount stated in the purport of the claim, which is a part of the claim.

Preliminaryly, the plaintiff used the above money to the defendant as a litigation cost with the Foundation for Preliminary Medical Treatment, and the defendant did not use it in line with its intended purpose, and thus, the plaintiff sought its return without any legal ground.

B. The Defendant’s assertion that the said money was received on the condition that the said lawsuit of demurrer against the distribution was withdrawn is not borrowed.

3. After examining all the evidence submitted by the Plaintiff, the Plaintiff lent the above KRW 18 billion to the Defendant.

It is insufficient to recognize that the Plaintiff paid the aforementioned money to the Defendant on the condition that the said money would be withdrawn from the lawsuit of demurrer against the distribution, as the litigation cost with respect to the lawsuit with the YO medical Foundation. Rather, it is evident that the said money would be paid to the Defendant.

4. Conclusion, the plaintiff's claim.

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