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(영문) 서울중앙지방법원 2016.11.11 2016가합8423
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s claim was to lend Nonparty C a total of KRW 1.5 billion from December 2015 to March 2016, 2016 to Nonparty C’s operating capital. However, C did not use the money borrowed from the Plaintiff as the company’s operating capital and did not use the money borrowed from the Plaintiff as the company’s operating capital. The same year from January 26, 2016.

4. By August, 400, the defendant remitted the total amount of KRW 597,220,127 to the defendant, and the defendant acquired the plaintiff's funds through a conspiracy with C.

Therefore, the defendant seems to have sought part of the amount of KRW 597,220,127, which was remitted to the defendant as above, to the plaintiff as unjust enrichment of KRW 300 million.

There is an obligation to pay damages for delay.

2. Comprehensively taking account of the overall purport of evidence Nos. 1, 2, and 3, the Plaintiff lent KRW 1,050,000 to D, in which C is an in-house director, and C has jointly and severally guaranteed the obligation to return the loan, and C has from January 26, 2016 to the same year.

4. The fact that up to August 1, 200 remitted KRW 597,220,127 in total to the account under the name of the defendant, and that the money deposited to the account under the name of the defendant was transferred to another account under the name of the defendant, or withdrawn in cash or in cash under the name of the defendant's mother E, but the above fact alone is recognized, but C did not intend to use it as the company's operating

It is insufficient to recognize that the defendant acquired the plaintiff's funds through a conspiracy with C, and there is no other evidence to recognize it.

3. Therefore, the plaintiff's claim is dismissed.

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