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(영문) 서울중앙지방법원 2015.06.25 2014가단177618
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On June 30, 2005, upon the request of the Defendants, the Plaintiff loaned KRW 20 million to Defendant C’s account on June 30, 2005, and KRW 20 million to Defendant A’s account on June 20, 2005. The Defendants asserted that the said money was not returned, and sought payment of the said money from the Defendants.

2. According to each of the statements in Gap evidence No. 1-1 and No. 2, it is recognized that the plaintiff remitted to the defendants at the above date and time the amount of KRW 20 million and the sum of KRW 40 million.

However, according to the purport of Eul evidence No. 3-1 and the whole pleadings, the plaintiff may be acknowledged as having agreed to the effect that the plaintiff would not exercise his right to claim the above 40 million won paid to the defendants around 2005, while he filed a lawsuit on the land (i.e., the "litigation") under the circumstances in the Japanese colonial era, around March 23, 201 with the defendant Eul, if he won the lawsuit in that lawsuit, he would be entitled to a certain percentage of winning prizes from the defendant Eul, and he would not exercise his right to claim the above 40 million won paid to the defendants around 2005. According to the above facts of recognition, it is reasonable to deem that the plaintiff renounced his right to claim the return of the above 40 million won paid to the defendants around the above date

(3) The Defendants asserted that they still have the duty to return the above loan to the Plaintiff, but there is no evidence to deem that the Plaintiff’s intent to waive the contract is conditional or that the Defendants are premised on the Defendants’ performance of their obligations. 3. As such, the Plaintiff’s claim against the Defendants against the Defendants is dismissed as it is without merit. It is so decided as per Disposition by the assent.

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