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(영문) 서울중앙지방법원 2016.08.24 2015가단5324591
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for recognition;

A. On April 22, 2013, the Plaintiff prepared a letter of the person stating, “I, after December 28, 2011, voluntarily withdraw KRW 370,000,000 from the Defendant’s Fund, and I, after which I, after transferring the position of the Secretary General on April 22, 2013, promise I, “I, after transferring the position of the Director General, I will undertake to restore the full amount of the personal withdrawn to the original state to the full amount of five months and 13,00,000 won to the Defendant.”

B. On April 23, 2013, the Plaintiff prepared a statement of confirmation and performance as follows and ordered the Defendant to do so.

(1) The court below confirmed that the Plaintiff’s damages incurred to the Defendant are a total of KRW 370 million (presumed value as of the date of dismissal). (1) The court below confirmed that the Plaintiff’s damages incurred to the Defendant were a total of KRW 370 million (presumed value as of the date of dismissal).

(2) Time period of reimbursement and performance assurance: to repay in full on May 13, 2013.

(3) Furnishing security

A. The creation of a collateral security right: the Plaintiff set up a collateral security right of KRW 370,00,000 for the maximum debt amount with respect to the apartment house No. 103, 1401, Ansan-gu, Ansan-gu, Busan-si (hereinafter “instant apartment”) owned by the Plaintiff.

However, it shall be established in D future of the president of the Dong Council under the Registration Act.

B. Delivery of Promissory Notes and Delivery after Notarial Acts: The Plaintiff shall issue and notarized Promissory Notes to secure the performance of the said KRW 370 million, and then deliver them to the Defendant.

In such cases, the creditors and the recipients of promissory notes shall also be in the name of the chairperson D of the total text of the Dong.

(Amount of Promissory Notes: KRW 370,000,000: At sight, issue date: April 23, 2013; and the place of issuance and payment: Seoul Special Metropolitan City)

C. On April 23, 2013, the Plaintiff drafted a debt repayment contract with the Defendant with the following content:

(hereinafter referred to as the “instant shares”) of the Defendant. The Plaintiff and the Defendant, while serving as the Secretary General of the Defendant, have inflicted damages on the Defendant (370 million won as of the date of preparation of this Agreement) while managing the same literary fund.

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