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(영문) 서울중앙지방법원 2015.03.20 2014가단169440
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 25, 2012, the Plaintiff asserted that: (a) the Plaintiff and the Defendant entered into a contract to sell a parcel of land for KRW 1,247,920,80 with respect to the sale price of KRW 10,072 square meters of the building Basan B, 2072; (b) and (c) the Defendant transferred the down payment of KRW 70,923,80 to the Defendant; and (d) the Defendant asserted that the instant contract is a buyer, not the Plaintiff Company, through the instant lawsuit.

Therefore, the plaintiff paid the debt of the other party C, and the defendant is obligated to return the down payment amount of KRW 70,923,800 to the plaintiff as unjust enrichment.

2. The judgment is based on the following: (a) the repayment of another person’s debt becomes effective as repayment by a third party, and even if the Plaintiff Company and the limited liability corporation are different from each other, the Plaintiff Company is deemed to have transferred the amount equivalent to the down payment to the Defendant of the Plaintiff Company or C Limited Liability Corporation (the Plaintiff’s claim that C was the Plaintiff Company’s subsidiary, and the written contract was the Plaintiff Company’s registration director) with the knowledge of the fact and the fact that C was the party to the instant sales contract, with the intent to pay the down payment to the Defendant of the Plaintiff Company or C Limited Liability Corporation (the Plaintiff’s claim that C was the Plaintiff Company’s subsidiary, and the written contract was the Plaintiff Company’s registration director). However, the Plaintiff Company cannot be deemed to have transferred the down payment to the Defendant on the ground that only

(3) The plaintiff company or C cannot seek the return of down payment against the defendant, as the penalty for breach of contract of this case is 10% of the total sale amount, and the plaintiff company or C cannot seek the return of down payment).

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