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(영문) 부산지방법원동부지원 2015.10.16 2015가단6601
편취금반환등
Text

1. The Defendants: (a) as to each of the Plaintiffs A, KRW 15,58,949; and (b) KRW 56,062,121 to Plaintiff B; and (c) as to each of the money, Defendant C shall have the same effect on May 2015.

Reasons

1. Facts of recognition;

A. From June 11, 2012 to July 10, 2014, Plaintiff C paid KRW 14,500,000 to Defendant C. From January 15, 2013 to April 9, 2014, Plaintiff C purchased a merpt insurance policy and paid KRW 70,000,000 to Defendant C’s corporate bond investment amount (= KRW 17,000,000, KRW 28,000,000, KRW 28,000,000, KRW 5,000,000, which was received from Plaintiff B. Defendant C subscribed to 17,00,000,000, KRW 15,000,000, which was paid from Plaintiff B.

B. Defendant C and his father agreed to pay KRW 83,564,00 to the Plaintiffs on September 4, 2014 until the end of October 2014. The above KRW 83,564,00 for Plaintiff A and KRW 68,05,07 for Plaintiff B (i.e., KRW 15,558,949, KRW 68,005,047) (i.e., KRW 15,589, KRW 68,949, KRW 68,05,047 for Plaintiff B). The above KRW 68,005,00 for Plaintiff B deducted KRW 17,00,00 from KRW 17,962,208, KRW 7037,7929, KRW 68,700, KRW 700, KRW 700, KRW 75,707,005, KRW 2005, KRW 707,2007,757000.

C. On October 7, 2014, Defendant C paid KRW 6,905,134 to Plaintiff B, and Plaintiff B paid KRW 5,007,792 (= KRW 9,962,208,000,000, which was the expected refund at the time of September 4, 2014, as the refund amount of Meart insurance (i.e., KRW 9,962,208,000).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.

2. According to the facts of the above recognition, the Plaintiffs and the Defendants agreed on September 4, 2014 to pay KRW 15,58,949 to Plaintiff A, KRW 68,005,047 to Plaintiff B, and KRW 68,005,047 to Plaintiff B, and thereafter, Plaintiff B was paid KRW 11,942,926 (i.e., the actual repayment amount exceeding KRW 6,905,134, and KRW 5,037,792). Accordingly, the Defendants were to each of the Plaintiffs to receive KRW 15,58,949, and KRW 56,062,121 (=68,05,047 KRW - 11,942,926) and each of the instant payments from July 7, 2015 to April 18, 2015 to each of the Defendants.

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