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(영문) 전주지방법원 군산지원 2018.07.19 2017가합11553
채무부존재확인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 3, 2017, the fact that the Plaintiff entered into a contract for the construction work that the Plaintiff was awarded a contract for construction work amounting to KRW 250 million (hereinafter “instant contract for construction work”) with the Defendant’s introduction on February 3, 2017 does not conflict between the parties, or that it may be acknowledged by the statement in the evidence A No. 1.

2. The plaintiff's assertion

A. On April 2017, the part of the claim for return of loan, etc. KRW 10 million was made by the Plaintiff to the Defendant with the maturity of KRW 10 million set and lent to the Defendant one month without interest agreement, and the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 10 million and the damages for delay. If the Plaintiff did not have leased the Defendant KRW 10 million to the Defendant, the Defendant is obligated to receive a remittance from the Plaintiff without any legal cause and thereby obtain a profit, and thereby, incurred loss to the Defendant. Accordingly, the Plaintiff is obligated to pay the Plaintiff a return of unjust enrichment of KRW 10 million and the damages for delay. 2) The Plaintiff used the funds necessary for the instant construction in the Defendant’s husband’s husband’s husband’s name for convenience, and the Defendant did not return the remaining money to the Plaintiff, despite having agreed to return the remaining money to the Plaintiff, thereby gaining a loss equivalent to the above amount due to the Defendant’s failure to return it.

Therefore, the Plaintiff is obligated to pay 5.8 million won and damages for delay due to the return of unjust enrichment to the Plaintiff.

B. Since the Defendant did not return the instant machinery that was owned by the Plaintiff, the Defendant is obligated to deliver it to the Plaintiff.

3. Determination

A. In full view of the purport of the entire pleadings in the statement No. 3 as to the claim for return of loans, etc., the Plaintiff remitted KRW 10 million to the account in the name of E used by the Defendant on February 26, 2017.

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