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(영문) 대전지방법원 2017.11.23 2017나105157
대여금
Text

1. The Plaintiff includes the primary and additional claims that the court changed in exchange.

Reasons

The plaintiff's summary of the plaintiff's claim as to this safety defense of the defendants paid 11,60,000 won in total, including the remittance of 18,000,000 won on December 24, 2012 to 18,000,000 won on October 24, 2013 upon receiving a request from the defendants to lend money necessary for this, and the plaintiff paid 11,60,000 won to the defendants. Since the defendants did not perform their removal work and bring money to the plaintiff without any legal ground, they gain profits without any legal ground, and thus, they constitute unjust enrichment or tort caused by fraud, they are liable to pay damages.

(2) As to the Defendants’ assertion, the Plaintiff and the Defendants agreed to withdraw the instant lawsuit after the instant lawsuit was filed, the Plaintiff asserted that the instant lawsuit ought to be dismissed as it is unlawful as there is no interest in the lawsuit.

Judgment

Where the parties to the relevant legal doctrine agree to withdraw the lawsuit outside of the lawsuit, such agreement shall be effective and there is no benefit in protecting the rights of the plaintiff.

(see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). The following facts can be acknowledged according to the evidence Nos. 2, 1, 3-1 through 3, and the purport of the whole facts and arguments in this court.

On July 8, 2016, the Plaintiff filed an application for payment order against the Defendants on the basis of the cause of the instant claim, and the instant court issued a payment order on July 18, 2016, but on August 2, 2016, the Defendants raised an objection, thereby complying with the instant lawsuit, and continued to exist in this Court 2016No26027.

On the other hand, the plaintiff and her husband D filed a complaint against the same facts as the cause of the claim in this case against the defendants and the defendant Eul, the representative of the defendant B corporation, as fraud. On August 17, 2016, while the first instance court was in progress, is as follows.

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