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(영문) 서울동부지방법원 2016.07.05 2015가단1902
부당이득금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted as the cause of the Plaintiff’s claim: (a) in order to repay the Defendant B’s debt (130 million won by the promissory note No. 31 of December 31, 2009) to Nonparty D Religious Organization E branch (hereinafter “E branch”) (hereinafter “E branch”); (b) paid KRW 20 million to Defendant C; and (c) in the name of Nonparty B, the Plaintiff’s wife, Nonparty F, transferred KRW 5 million on August 29, 2008, and KRW 2 million on June 3, 2010 to Defendant B; (b) transferred KRW 7 million on January 22, 2009, in the name of Nonparty G, the wife of the Plaintiff, KRW 30 million on March 31, 2012; and (c) deposited KRW 25 million on March 25, 2012; and (d) repaid to Defendant C on a deposit basis of the Plaintiff’s total amount of KRW 6 million on KRW 4 million.5 million.

However, in the case of the claim for the bills of exchange against Defendant B’s E members, the court rendered a final and conclusive judgment in favor of the Plaintiff (hereinafter “the judgment of this case”) to pay KRW 65 million, which the Plaintiff (the representative of Defendant E church in the case of bills of exchange), on the ground that the said money was paid by an individual, not recognized as the repayment of the obligations of the E church on the ground that it was the money that the said money was paid by the individual, and to pay KRW 130,000,000 and delay damages to Defendant B.

Accordingly, on December 2014, the Edemb Association repaid the full amount of the debt due to the above judgment to Defendant B.

Therefore, since the Plaintiff’s total amount of KRW 65 million paid to the Defendants was paid without any legal cause, the Plaintiff suffered damages of KRW 65 million, and the Defendants acquired unjust enrichment as much as the amount paid to the Defendants.

Therefore, Defendant C is obligated to pay to the Plaintiff the amount of KRW 20 million, Defendant B’s unjust enrichment of KRW 45 million, and damages for delay of KRW 15% from the day following the delivery of a copy of the complaint to each of the above money.

B. The plaintiff alleged by the defendant did not pay 20 million won in cash to the defendant C.

In addition, the plaintiff, F, and G paid to defendant B respectively.

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