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(영문) 부산지방법원 2018.10.04 2016가단354578
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition do not conflict between the parties, or according to the evidence Nos. 1 and 3, the Defendant remitted KRW 400 million to the Plaintiff’s account under the Plaintiff’s name on September 27, 2011, and thereafter, the Plaintiff transfers the amount of KRW 150 million to the Defendant’s account under the Defendant’s name, KRW 150 million on May 4, 2012, KRW 310 million on May 31, 2012, KRW 450 million on November 22, 2012, and KRW 450 million on September 20, 2012, to Nonparty E, and the fact that the Plaintiff remitted KRW 200 million on September 11, 2012 to Nonparty E’s account.

2. Around 2011, the Plaintiff asserted that the Plaintiff was solicited to acquire the instant business of constructing the Busan-gu Busan-gu H Officetel (hereinafter “instant business”), the construction of which was suspended due to the Plaintiff’s failure to repay the loan bank to E, which came to know through the Plaintiff’s audit G.

In this process, E borrowed KRW 400 million from the Defendant on September 27, 2011, and the due date for repayment was to pay KRW 600 million in addition to interest KRW 200 million after six months.

However, as the loan for the instant business is delayed and the sales performance is low, the Defendant pressured the Plaintiff to refrain from receiving the completion of the instant business by taking advantage of its superior position as a result of the Plaintiff’s failure to repay the principal and interest of the loan.

Therefore, the Plaintiff paid the Defendant KRW 450 million directly to E, including interest equivalent to the annual interest rate of KRW 100,000,000, and KRW 200,000,000 to E upon the Defendant’s request.

Then, the Plaintiff requested the Defendant to return the principal of the above KRW 650 million and the part exceeding the sum of interest calculated by applying 30% per annum, which is the maximum interest rate under the Interest Limitation Act at the time, to the Defendant. However, the Defendant only returned 20 million to the Plaintiff on December 17, 2014.

Therefore, the defendant is obligated to pay to the plaintiff 650 million won, which was acquired without any legal cause, in excess of 143,523.636 won, and damages for delay.

3. Evidence as examined earlier, evidence Nos. 2, 4 through 11, and No. 2.

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