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(영문) 서울중앙지방법원 2017.10.20 2016가합6915
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant borrowed KRW 600 million from C to August of the same month from March 5, 2007 under the name of the Plaintiff, and received KRW 200 million out of them to a new bank account under the name of the Defendant, and did not return it for personal purposes. 2) The Defendant borrowed KRW 1 billion from E on March 30, 2007 to the Plaintiff’s name, and used it for personal purposes and did not return it.

3) From November 2006 to September 3, 2007, the Defendant borrowed KRW 92,150 million from F to the Plaintiff’s name, and received KRW 160,500,000 from the Plaintiff to the new bank account under the name of the Defendant, and used it for personal purposes, and did not return it. 4) The Defendant borrowed KRW 100,000 from G on June 16, 2007 to the Plaintiff’s name, and received KRW 50,000,000 among them to the new bank account under the name of the Defendant, and used it for personal purposes, and did not return it.

5) On April 19, 2007, the Defendant borrowed KRW 500 million from H in the name of the Plaintiff, deposited KRW 100 million among them into a new bank account under the name of the Defendant, and did not return it for personal purposes. 6) As seen above, the Defendant used KRW 682,60,000 out of the amount borrowed under the name of the Plaintiff from C, etc. for personal purposes and did not return it to the Plaintiff as unjust enrichment.

B. Defendant’s assertion 1) The Defendant received KRW 200 million remitted from C and KRW 160,50,000,000,000,000,000, which was remitted from C and F, are personal loans from each of the Defendant and F, not borrowed under the Plaintiff’s name. 2) The Defendant received KRW 200,000,00,000,000,000,000,000,000 won, which was remitted from E, and KRW 10,00

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