logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.03.07 2015가단51163
부당이득금반환
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, 2014, the Plaintiff asserted that the Plaintiff lent KRW 20 million to Defendant B, and KRW 10 million to Defendant C on July 24, 2014.

Even if the Defendants did not borrow the above money from the Plaintiff, the Defendants either conspiredd to acquire the above money from the Plaintiff, or transferred the money from the Plaintiff without any legal ground.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 20 million, Defendant C is obligated to pay KRW 10 million, and damages for delay.

2. According to the reasoning of each evidence Nos. 1 and 2 as to the cause of the claim, it is acknowledged that the Plaintiff transferred the money of KRW 20 million to Defendant B’s account on June 30, 2014 with the loan granted on June 27, 2014, and KRW 10 million to Defendant C’s account on July 24, 2014 (hereinafter “each of the instant money”). However, it is acknowledged that each of the instant money was remitted to Defendant C (hereinafter “each of the instant money”). Meanwhile, the Defendants’ mother used each of the said money under the Defendants’ name and each of the said accounts in light of the following: (i) the Plaintiff’s investment or lending of the money to Defendant C; and (ii) the Plaintiff used each of the said money under the Defendants’ name and each of the said accounts.

It is insufficient to recognize that the Defendants received remittance without any legal cause, and there is no other evidence to acknowledge this. Furthermore, there is no evidence to acknowledge that the Defendants acquired the above money in collusion with D, the Plaintiff’s above assertion is without merit.

3. The plaintiff's claim of this case against the defendants is without merit.

arrow