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(영문) 대전지방법원 2018.11.16 2017가단14847
양수금
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate from September 5, 2017 to November 16, 2018.

Reasons

1. Basic facts

A. On February 1, 2006, the Plaintiff was the deceased C (a suicide box on March 12, 2017; hereinafter “the deceased”) and the legal couple who completed the marriage report on February 1, 2006.

B. On September 2016, the Defendant was employed as a business employee in D Co., Ltd. (hereinafter “Nonindicted Company”) for which the Deceased was the representative director, and became an internal relationship with the Deceased from around October 2016, knowing that the deceased was his/her spouse.

C. On January 12, 2017, the Deceased remitted KRW 30 million from the bank account of the non-party company to the Defendant’s account (hereinafter “instant KRW 30 million”), and on January 15, 2017, the Deceased settled KRW 5 million with the corporate card in the name of the F Co., Ltd. (hereinafter “F”).

(hereinafter “instant KRW 5 million”). D.

The Defendant used the instant KRW 30 million as the apartment rental deposit to be residing by the Defendant, and used the instant KRW 5 million for purchasing electronic equipment to be kept in the said apartment.

E. The Plaintiff, around June 2017, transferred from the non-party company’s bank account to the Defendant’s account from the non-party company on January 12, 2017, and on January 15, 2017, as to the instant KRW 30 million and the instant KRW 35 million settled with the corporate card in the F’s name on January 15, 2017, on the premise that the non-party company acquired the instant claim on the premise that the non-party company has a claim for return of unjust enrichment to the Defendant (hereinafter “transfer of claim”), and the said notice of claim transfer and takeover reached the Defendant on June 20, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. As to the plaintiff's cause of claim

A. As to the Plaintiff’s claim against the Defendant for the amount of KRW 35 million, the Defendant asserts that the instant claim transfer and takeover is null and void solely on the ground that it would allow the Defendant to conduct procedural acts.

In full view of the descriptions of No. 8 and 10 evidence No. 8 and the overall purport of the arguments, the deceased established G with a view to obtaining a loan for the business funds of the non-party company, and on June 2, 2015.

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