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(영문) 의정부지방법원 2017.07.14 2016가단29500
부당이득금반환 등
Text

1. The Defendant’s KRW 20,000,000 and its weight to the Plaintiff:

A. From April 8, 2009 to July 14, 2017 for KRW 18,000,000.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 6, Gap evidence Nos. 3 and 5-1, 2, and 4-1, 2, and 3.

In order to raise funds on April 8, 2009, the Plaintiff prepared a loan certificate (hereinafter “the loan certificate of this case”) dated 31, 2009 with the obligee as C, the obligor as the Plaintiff, with the maturity of KRW 20 million, and the maturity of payment as of December 31, 2009, and delivered the loan certificate of this case to C. The Defendant delivered the loan certificate of this case to C.

B. C received the instant loan certificate on April 8, 2009, and transferred KRW 18 million to the Defendant’s agricultural bank account.

C. However, the defendant did not deliver the above 18 million won, which was remitted from C, to the plaintiff.

C’s filing of a lawsuit (1) C filed a fraudulent complaint against the Plaintiff, and the prosecutor of the Sung-nam District Prosecutors’ Office of Suwon District Prosecutors’ Office rendered a disposition that the Plaintiff was not suspected on the ground of lack of evidence in February 10, 2012.

(2) C filed a lawsuit against the Plaintiff as Yanyang-si District Court Decision 201Da22526, Nam-si, Namyang-si, and the said court rendered a judgment on April 26, 2012 that “The Plaintiff shall pay to C 20 million won with 5% per annum from January 1, 2010 to August 17, 201, and 20% per annum from the next day to the date of full payment.”

(3) Although the Plaintiff appealed by this Court No. 2012Na7602, the Plaintiff’s appeal was dismissed on March 22, 2013, and the said judgment became final and conclusive on April 10, 2013.

E. (1) The Plaintiff filed a criminal complaint against the Defendant, and the public prosecutor of the District Public Prosecutor’s Office of the Government Prosecutor’s Office indicted the Defendant on the embezzlement of 2014Kadan2723 of this Court.

(2) On April 14, 2015, this Court rendered a judgment that found the Defendant guilty of criminal facts against the Defendant and that “the Defendant shall be punished by a fine of KRW 10 million.”

(3) Criminal facts against the defendant (the defendant) are located in Gyeonggi-do Group D around April 8, 2009.

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