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(영문) 대구지방법원 2015.06.18 2014나22749
계금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought reimbursement of KRW 9,240,000 and KRW 3,280,000 against the Defendant. The court of first instance rejected the Plaintiff’s claim for the extension money only and the claim for unjust enrichment.

Since only the plaintiff appealed against this, this Court's judgment is limited to the claim of unjust enrichment.

2. Plaintiff’s assertion and judgment

A. On April 20, 2012, the Defendant accepted C’s share of KRW 9,240,000 to the Plaintiff on April 20, 2012, the Defendant agreed to pay C the said share of KRW 9,240,00 to C on June 20, 2012, when the prime share of the Plaintiff came to an end.

Accordingly, on April 22, 2012, the Plaintiff paid C’s share of KRW 9,240,000 to the Defendant, and thereafter, the Plaintiff paid C the said share of KRW 9,240,000 to C on December 26, 2012.

Therefore, the defendant is obligated to pay the plaintiff 9,240,000 won and damages for delay.

B. First of all, on April 20, 2012, whether the Defendant agreed to pay the Plaintiff’s share of KRW 9,240,000 to the Plaintiff on June 20, 2012, to the Plaintiff in advance, with the Plaintiff’s share of KRW 9,240,00,00, which the Plaintiff agreed to pay the said share to C on June 20, 2012, with the Plaintiff’s share of KRW 3 and 5, it is insufficient to recognize the above by itself, and there is no other evidence to prove the fact that the Defendant agreed to pay the said share to the Plaintiff. Thus, the Plaintiff’s above assertion is without merit

3. As such, the plaintiff's claim for this part is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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