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(영문) 수원지방법원 2015.12.24 2015가합64042
대여금
Text

1. Each principal claim against the Defendants (including the Plaintiff-Counterclaim Plaintiff) and the Defendant-Counterclaim Plaintiff B’s counterclaim.

Reasons

1. Determination as to the main claim

A. 1) In light of the summary of the cause of claim as to Defendant B’s claim, the Plaintiff agreed to receive two to three months after April 16, 2014, and lent KRW 45 million to Defendant B. As such, Defendant B is obligated to pay the Plaintiff a loan of KRW 45 million and damages for delay. Preliminaryly, the Plaintiff paid KRW 45 million to Defendant B on April 16, 2014, and Defendant B gains profits without any legal cause. Accordingly, the Plaintiff suffered damages equivalent to the same amount. Accordingly, Defendant B was obligated to pay the Plaintiff a refund of unjust enrichment of KRW 45 million and damages for delay. According to the evidence No. 3, the Plaintiff transferred the loan of KRW 45 million to Defendant B’s national bank account on April 16, 2014. However, the Plaintiff’s transfer of KRW 5 million to Defendant B to Defendant 45 million solely on the sole basis that the Plaintiff transferred the loan to Defendant 45 million.5 million.

It is insufficient to recognize that Defendant B has suffered losses equivalent to the same amount, and there is no other evidence to acknowledge that there is no other evidence to prove that the Plaintiff incurred losses.

Therefore, the plaintiff's claim against the defendant B is rejected.

B. 1) The summary of the cause of the claim against Defendant C is as follows: (a) the Plaintiff agreed to receive several subsequent payments on August 1, 2012 and lent KRW 18 million to Defendant C; (b) Defendant C is obligated to pay the Plaintiff a loan of KRW 18 million and any delayed payment damages therefor. In preparatoryly, the Plaintiff paid KRW 18 million to Defendant C on August 1, 2012; (c) Defendant C gains profits equivalent to KRW 18 million without any legal cause; and (d) the Plaintiff incurred damages equivalent to the same amount; (b) Defendant C is obligated to pay the Plaintiff a refund of unjust enrichment with KRW 18 million and any delayed payment damages. (b) According to the evidence of the judgment of KRW 4, the Plaintiff is obligated to pay the Plaintiff a refund of unjust enrichment.

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