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(영문) 수원지방법원여주지원 2017.09.14 2016가단8444
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The manager D of the Plaintiff Company was in de facto marital relationship with Defendant C from around 2010, and on March 30, 2015, the Plaintiff and Defendant C made a written agreement as shown in attached Table 1, stating that “D shall pay the said Defendant a cash of KRW 125 million in a lump sum in April 2015, and the said Defendant shall receive the said money at the same time, and at the same time, the said Defendant shall immediately carry out the E apartment 207 Dong 1703” (hereinafter “instant agreement”).

B. On April 6, 2015, Defendant C transferred the Plaintiff Company’s money of KRW 125 million from the Plaintiff Company’s account to the F’s account in the name of the representative director at that time. On the same day, Defendant C transferred the said money to the Defendant B’s account. On the same day, the said money was transferred to the Defendant B’s account. The said money was deposited to the Defendant C’s account under the name of the Defendant C’s omission on the same day.

C. On April 21, 2015, D drafted an agreement with Defendant C with the same content as that indicated in attached Table 2 (hereinafter “instant agreement”). D.

Defendant C and D reported a legal marriage on May 7, 2015, and D did not perform the obligations stipulated in the instant agreement, and Defendant C removed from D’s house around approximately one month after the date of the formation of the said agreement, and so far, it was currently in progress.

E. On May 15, 2015, F, the representative director of the Plaintiff Company, prepared and issued a certificate of borrowing under the Plaintiff Company’s name that “F,” stating that “60 million won, at interest rate of 3.5% per annum and due date, shall be determined and borrowed until December 31, 2015,” and G deposited KRW 60 million in the Plaintiff Company.

F. On March 3, 2016, G filed a lawsuit against the Plaintiff for a loan claim against Suwon District Court Branch of 2016dan50896, which was rendered a favorable judgment, and the Plaintiff appealed to Suwon District Court of 2016Na71690, and the said appellate court established a voluntary conciliation with the purport that “the Plaintiff shall pay KRW 60 million to G” was “the Plaintiff shall be paid KRW 60 million.”

Grounds for recognition: Evidence No. 1 and Evidence No. 1 through 8, respectively.

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