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Reasons
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(영문) 서울남부지방법원 2014.05.02 2013가합12243
부당이득금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On January 2007, the Plaintiff asserted that the Plaintiff delegated the Defendant with the right to receive KRW 250 million deposit for the lease deposit against the third and fourth floor of the D-ground buildings in Busan Young-gu (hereinafter “the instant telecom”).

In addition, around that time, the plaintiff was liable for the loan of KRW 20 million against the defendant.

Therefore, after collecting lease deposit, the defendant should have delivered C the remainder after deducting the amount of his claim amount of KRW 20 million.

However, since the defendant embezzled without delivering the remaining money, it is obligated to compensate for the embezzlement amounting to KRW 230 million and damages for delay.

B. The Defendant asserted that the Plaintiff lent a total of KRW 180 million to the Plaintiff around 2004.

Around January 2007, the Defendant received the right of lease from the Plaintiff for the repayment of the above loan, and subsequently run the Maurel business, and recovered KRW 250,500,050 as the remainder of the lease deposit.

Therefore, the defendant has not embezzled the lease deposit.

2. Whether liability for damages arises;

A. The Plaintiff borrowed a total of KRW 2.4 billion from May 3, 2004 to July of the same year from the Defendant and C. The Plaintiff knew the Defendant and C as its partner and did not specifically distinguish the lender. The amount actually leased by the Defendant is KRW 130 million,000,000,000 in cash account transfer as follows, and KRW 5 to six times. The lending method of temporary loan amount is KRW 10 million on June 30, 2004, KRW 20 million on account transfer from July 19, 2004, KRW 10 million on August 19, 2004, and the Plaintiff purchased the Plaintiff’s land, etc. as part of the above loan amount (hereinafter “instant land”). On May 204, 2004.

3) On July 10, 2004, the Plaintiff succeeded to the status of lessee for the instant cartels on the instant land from E.

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