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(영문) 서울동부지방법원 2015.07.17 2013가단62811
부당편취대금반환
Text

1. The Defendant amounting to KRW 60 million to the Plaintiff and the Plaintiff’s annual rate of 5% from February 27, 2014 to July 17, 2015.

Reasons

1. Facts of recognition;

A. On October 18, 201, the Plaintiff as a Canadian national, who completed the marriage report with the Defendant on October 18, 201, is currently in a divorce lawsuit.

B. On May 1, 2012, the Plaintiff’s type C, a U.S. national, entered into a contract to sell apartment houses of 895 billion won owned by the Plaintiff, Gangnam-gu Seoul Metropolitan Government D apartment 2, 902, and 805 billion won.

C. C deposited the down payment of KRW 90 million received from the buyer on May 2, 2012 in an enterprise bank account opened under the name of the Defendant, and on the 14th of the same month, C settled the remainder of KRW 380,000,000,000,000 for reconstruction relocation expenses, and kept the remaining KRW 425,000,000,000,000.

On May 16, 2012, the Defendant deposited KRW 150 million in each of the above accounts among the checks, which opened an account in the name of the Defendant and kept in custody in the form of a purchase price, on the Plaintiff’s request, KRW 50 million. On the same day, the remaining checks issued in exchange for the same day were kept in custody of KRW 230 million and KRW 40 million in cash.

E. The Plaintiff’s foregoing, June 14, 2012.

The amount of KRW 70 million withdrawn from the corporate bank account of paragraph 70 million and part of the cash deposited at USD 50,000 ($ 1,139.39 per exchange rate, KRW 57,025,434 per exchange rate, including overseas relay and remittance fees) and transferred to the Plaintiff’s local account of Canada.

F. From June 18, 2012 to June 20, 2012, the Defendant received the remainder of the Defendant’s corporate bank, Samsung Securities, Dongyang Securities, and Catsz Securities Account in the name of the Defendant, and C issued a receipt that all of the money deposited in the Defendant’s purchase price was collected on June 20, 2012.

G. On June 20, 2012, the Plaintiff was above D.

US$ 51,000 on 21.51,00 on 21.51,000 on 21.51,000 on 200 on 23,000 on 200,000 on 33,000 on 1,00 on 1,00 on 21.3,00 on 1,00 on 1,00 on 1,00 on 1,00 on 5,00 on 3

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