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(영문) 서울서부지방법원 2018.07.18 2017가단221771
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (formerly: Co., Ltd.) engaged in the purchase and collection business of non-performing loans was invested in KRW 500,000 from the Defendant, the mother of D, the actual management of the Plaintiff, and obtained loans of KRW 2.4 billion from E Savings Bank, and purchased approximately KRW 3 billion (including KRW 200,000,000,000 from F Co., Ltd. (hereinafter “F”) on December 20, 2013, and operated the same.

D On July 25, 2013, in the course of receiving the above money from the Defendant, G, a parent of the Defendant, registered as the Plaintiff’s representative director, and G, as the representative director, jointly and severally guaranteed the above loans to E Savings Bank.

B. On August 8, 2014, the Plaintiff, while engaging in the business of collecting the above purchase claim, sold the remaining claim ( approximately KRW 23.2 billion in the principal of the claim, KRW 3.176 in the number of claims) to H Co., Ltd. (hereinafter “H”), and received down payment KRW 300 million in the amount of KRW 3.1 billion.

On the 18th of the same month, the Plaintiff received a balance of KRW 2.8 billion from H, and repaid a total of KRW 2 billion, the remainder of the loan, which remains in the E Savings Bank.

C. On 20. 20. After this title, the Plaintiff transferred the sum of KRW 100 million to the Defendant’s account, and KRW 900 million following that date, to the Defendant’s account (hereinafter “the instant remittance amount”). D.

On November 4, 2014, the Defendant remitted KRW 100 million to the J’s account, the mother of D on November 4, 2014, and remitted the Plaintiff’s account to KRW 28 billion on the same month and KRW 300 million on December 10, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 7, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a response to the provisional attachment of the Plaintiff’s deposit account while Nonparty K filed a lawsuit claiming an agreed amount against the Plaintiff, and the Plaintiff kept the amount of transfer of this case to the Defendant according to the Defendant’s proposal.

The defendant has returned only KRW 400 million out of the above remittance amount (=one hundred million won transferred to the J's account) to the plaintiff's account and has returned KRW 600 million.

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