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Reasons
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(영문) 서울중앙지방법원 2014.09.30 2014가합15755
부당이득금반환등
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 8, 2013, the Plaintiffs agreed with the Defendant to pay “295 million won out of the amount of damage incurred by the Defendant’s criminal act in lieu of C” (hereinafter “instant agreement”) to the Defendant.

The agreement of this case includes the following contents:

1. The Plaintiffs should pay to the Defendant a total of KRW 365 million (including interest) KRW 70 million, excluding KRW 20 million in cash and KRW 50 million in deposit) on behalf of C, the remainder of KRW 295 million, excluding KRW 70 million in cash.

2. The plaintiffs shall be notarized by promissory notes for KRW 160 million following the payment of the above KRW 295 million, and the remaining KRW 135 million shall be transferred for the payment of such amount.

The Plaintiffs shall pay to the Defendant the amount of KRW 160 million per three months for the said Promissory Notes amounting to KRW 20 million.

B. The Plaintiffs, on the date of the instant agreement, issued to the Defendant the No. 909 No. 201 of the Promissory Notes No. 2013 (hereinafter “instant No. notarial Deed”) by a notary public, which caused KRW 160 million in face value as follows, pursuant to the said agreement, to the Defendant.

C. Furthermore, on the date of the instant agreement, the Defendant: (a) Plaintiff Aion Communications Co., Ltd. (hereinafter “Plaintiff Aion Communications”) transferred each of the claims for recovery of deposit money amounting to KRW 85 million against the Incheon District Court Branch Decision 2010,000,000 against Korea; and (b) Plaintiff A transferred each of the claims for recovery of deposit money amounting to KRW 1713,000,000,000,000,000 from the Republic of Korea against the Republic of Korea (hereinafter “instant assignment of claims”).

The Plaintiffs paid KRW 45 million to the Defendant on August 30, 2013, KRW 10 million on September 1, 2013, KRW 10 million on October 2, 2013, KRW 500,000 on January 14, 2014, KRW 500,000 on January 29, 2014, and KRW 45 million on January 29, 2014.

[Ground of recognition] The fact that there is no dispute, A.

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