logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.11.26 2014나305185
부당이득반환 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The grounds for the court’s explanation on this part are as follows: “The testimony of the Witness K” under Section 8 of Chapter 3 of the judgment of the court of first instance is deleted; “after the transfer of KRW 30,00,000 to the account in the name of D” under Section 8 of the judgment of the court of first instance; “after the transfer of KRW 30,00,000 to the account in the name of D” under Section 8 of the judgment of the court of first instance; “The evidence of subparagraphs 1 through 6 of the judgment of the court of first instance” under Section 8 of the judgment of the court of first instance; “The testimony of the witness K” under Section 5 of the judgment of the court of first instance is added to “the testimony of the court of first instance for the witness K” under Sections 8 through 6 of the judgment of the court of first instance; and “the testimony of the court of fourth through 16 of the judgment of the court of first instance.”

The Plaintiff remitted KRW 21 million to the Plaintiff in accordance with the instant agreement.

'The part', other than the partial completion as follows, is the same as the corresponding part of the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Use】

H. On June 18, 2012, the date of the conclusion of the instant agreement, the Plaintiff drafted a letter of confirmation (Evidence No. 4) stating that “I will undertake to pay in full the principal and interest of the previous U.S. mutual savings bank to the Si C and J by July 15, 2012.” On the same day, the Plaintiff drafted a receipt (Evidence No. 4) stating that “I will receive the said amount as KRW 19,424,251 in daily gold and KRW 19,424,251 in the name of K and a certified judicial scrivener P in the name of K and a certified judicial scrivener P (Evidence No. 4).”

On July 3, 2012, the Plaintiff subrogated the Defendant A’s debt totaling KRW 21,143,270 (one thousand,719,019, including principal, KRW 19,424,251, interest and late payment charge, etc.) to Aju Capital Co., Ltd., a person entitled to provisional attachment of the J-owned Forest. On the same day, the Plaintiff subrogated the Defendant A’s debt totaling KRW 30,062,465 to the former Savings Bank, a person holding the right to collateral security and superficies of the said forest.

2. Determination as to the cause of claim

A. As to the claim for unjust enrichment of KRW 30,000,000, the Plaintiff asserted by one party, and the Plaintiff, on January 31, 2012, remitted KRW 30,000,000 to D’s account. This is the sales price of the instant real estate.

arrow