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(영문) 수원지방법원평택지원 2017.11.28 2017가단5070
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On August 19, 2005, the Defendant asserted that the Plaintiff did not have a claim against the Plaintiff, by unlawful means, set the right to collateral security of KRW 600,000,000 with respect to Asia-si owned by the Plaintiff, and the Plaintiff paid KRW 60,000 to the Defendant in order to cancel the above right to collateral security. The Defendant is liable to pay KRW 60,000,000 and damages for delay.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the right to collateral security established on August 19, 2005 with respect to Asan City is null and void, and that the Defendant acquired the benefit of KRW 60,000,000 without any legal ground, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case does not need further determination.

2. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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