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(영문) 인천지방법원부천지원 2015.11.13 2015가합100111
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as indicated in attached Table 1 No. 1 No. 1, were issued to A on March 3, 201, to the Plaintiff a cashier’s check of KRW 100 million issued at the same branch of the Korea Standards Bank among the Korea Standards Bank, and, as indicated in attached Table 1 No. 3, 4, 6, 7, and 9 from June 7, 201 to October 31, 2011, transferred KRW 420 million in total to the account in the name of the Plaintiff or the Plaintiff’s wife, and the Plaintiff transferred KRW 675 million in total to the Defendants’ account from May 18, 201 to December 14, 2012, as indicated in attached Table 1 No. 2, 5,8, 10 to 15.

B. On June 7, 2011, the Plaintiff, F, and G, and the Defendants: (a) interest rate of KRW 150 million (attached Table 1 No. 3) on June 7, 201 to the Plaintiff and F on June 7, 2011; (b) “Agreement on June 7, 2011, stating that the Defendants set up and lent the agreement with the Plaintiff and F as KRW 6 million per month.”

The Plaintiff, F, and G, and Defendant B, on August 26, 201, indicated that Defendant B loaned KRW 150 million to the Plaintiff, F, and G on September 26, 2011, according to the instant agreement on September 2011, Defendant B loaned KRW 150 million to the Plaintiff, etc. on September 8, 2011. However, in full view of the respective entries and arguments set forth in subparagraphs 2 and 4, it is reasonable to view that the Defendants lent KRW 150 million to the Plaintiff on June 7, 201 (Attached No. 150 million No. 310, Oct. 15, 201; KRW 2018, Aug. 26, 2011; KRW 100,000 (Attached Table 1. 1. 30,000,000,000 won) to the Plaintiff on August 16, 2011.

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