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(영문) 창원지방법원 진주지원 2018.11.21 2018가단33554
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4.

The actual representative C of the Plaintiff asked the Defendant to sell each real estate listed on the table below that the Plaintiff owned (hereinafter referred to as “instant fish farm”) and to pay the excess to the Defendant if the sale price exceeds KRW 410 million.

1. A 2m2, 35m2, 35m2, 15,000,000,000,000,000,000 for 1473m2,00 m2,000,000,000,000 for 1473m2,00,000,000,000,000,000,000,000,000,000,000,000,00

B. On January 4, 2017, C entered into a sales contract with Nonparty H, the buyer of the instant fish farm, who was the Defendant, for the purchase price and the down payment of KRW 450 million with respect to the instant fish farm. On the day, C was paid the down payment and the down payment of KRW 450 million, and on the day C transferred KRW 40 million from the Plaintiff’s account to the Defendant account.

C. On May 18, 2018, the Plaintiff filed the instant lawsuit.

On July 17, 2018, the medical doctor I belonging to Busan Metropolitan City Medical Center refers to “the name of a clinically presumed disease” to C, and “the opinion regarding the content of treatment/ex-post treatment” to “the content of the treatment” is to maintain the department of mental health in the main hospital and the hospital treatment for a period of 4 to 5 years under the diagnosis of a bipolartic dynamic disorder due to frequent emotional dynamic disorder caused by frequent emotional dynamics with the patient at ordinary times, high dynamics, shock control difficulties, depression difficulties, and influents, etc.

From October 6, 2016 to December 13, 2016, the symptoms have deteriorated for medication in the past, and it was cut off due to the aggravation and relaxation of symptoms even during the outpatient treatment.

In May 2018, it is necessary to be hospitalized due to the depth of appraisal period, poor water surface, and difficulties in shock control.

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