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(영문) 서울북부지방법원 2018.03.14 2016가단149463
계약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff paid KRW 20,000,000 as the sales contract amount on February 10, 2015.

On April 17, 2016, the defendant had no idea of selling the land, and the contract deposit was returned.

The defendant shall be liable to pay the interest of KRW 20,00,000 and the interest from February 10, 2015 until the time of repayment.

Even if it is not so, the Plaintiff transferred KRW 20,000,000 to the account under the name of the Defendant.

The defendant has the duty to return 20,000,000 won and interest accrued without any legal ground as unjust enrichment.

2. In full view of the purport of the entire pleadings in the statement No. 5, it is recognized that the Plaintiff sent KRW 20,000,000 to the Agricultural Cooperative Account in the name of the Defendant on February 17, 2015.

However, the Defendant promised to return the money paid to the Plaintiff as the sales contract deposit.

there is no evidence to prove that the defendant actually acquired the money.

Rather, when looking at the conversation of recording files, the money seems to have been sent to the spouse of the plaintiff.

The plaintiff's assertion cannot be accepted.

3. The plaintiff's claim is dismissed.

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