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(영문) 서울중앙지방법원 2014.12.24 2013가합87524
부당이득금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is liable to the Defendant (Counterclaim Plaintiff) for 98,000.

Reasons

1. Basic facts

A. The defendant married with C around 1989 and got a divorce around 1996, but completed a report of marriage on September 29, 199 and had a legal marital relationship.

B. On October 8, 2013 and October 12, 2013, the Defendant’s husband C prepared and delivered to the Defendant a written statement to the effect that he was in a marital relationship with the Plaintiff for a period of ten years from 1997.

다. 원고는 2013. 10. 12. 피고에게 ‘미안해요 그 때는 내가 미쳤었나 봐요 제발 내가 어떻게 하면 되요 한번만 봐줘요 지난 일이니까’, ‘어떻게 하면 될까요 제발 (원고의) 남편에게 말하지 마세요’라는 내용의 문자메시지를 발송하였고, 2013. 10. 13. 피고에게 ‘(원고의) 신랑이 알면 나는 못 살아요’, ‘그동안 받은 상처에 돈으로 보상할 수 있으면 그렇게 할게요’라는 취지의 문자메시지를 발송하였다. 라.

On October 19, 2013, the Plaintiff prepared and issued a letter of intent to remit KRW 150,000,000 to the Defendant’s account by October 24, 2013, and to remit KRW 50,000,000 to the Defendant’s account until December 20, 2013.

(B) No. 4, hereinafter referred to as “instant letter”) e.

On October 24, 2013, the Plaintiff paid KRW 102,000,000 to the Defendant, and the Defendant prepared and issued a receipt to the Plaintiff that received KRW 102,00,000 with the agreed amount on the same day.

F. On October 29, 2013, the Plaintiff sent a text message to the Defendant to the effect that “I am promptly asked at any time. I will not see the money prepared. I will not be a KRW 3,000,000,000.”

G. On November 11, 2013, the Plaintiff threatened the Defendant that the Defendant would know the Plaintiff’s her husband and her husband of the fact that the Plaintiff did not have made a liverion with C, and the Plaintiff was fright to drink the Plaintiff’s her husband and her husband, and the Plaintiff was fright to prepare and deliver the instant letter to the Defendant and paid KRW 102,00,000,000, so the Defendant was 102,000.

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