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(영문) 서울남부지방법원 2014.12.05 2014나53122

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff was married with C, and the Plaintiff was married with C on October 17, 201.

B. C borrowed KRW 160,00,000 from the Defendant on March 21, 2006 (hereinafter “the instant first loan”). In order to secure the Defendant’s obligation for the said loan, the Plaintiff, on the same day, completed the registration of Lanwon District Court’s horizontal Housing Site Costs and the registration of the establishment of a neighboring mortgage with respect to the Defendant of Pyeongtaek-si D, which owned by the Plaintiff, as the receipt date of March 21, 2006, as the maximum debt amount of KRW 210,000,000, and the registration of the establishment of a mortgage over the obligor C and the mortgagee as the Defendant.

C. Meanwhile, in addition to the Defendant’s debt under the instant loan No. 1, C took out loans from the Defendant on March 26, 2009 (hereinafter “the instant loan No. 2”), and on April 30, 2009, KRW 35,294,000 (hereinafter “the instant third loan”) respectively. On December 16, 2009, C entered into a credit transaction agreement on the duty-free petroleum (hereinafter “instant loan”) with the Defendant on December 4, 2009, and the Plaintiff jointly and severally guaranteed the Defendant’s debt under the instant loan No. 4.

On July 6, 2011, the Plaintiff borrowed KRW 275,00,000 from the former Credit Union, and requested the former Credit Union to transfer KRW 217,941,000 among them to the Defendant (hereinafter “instant repayment”) and cancelled the registration of the establishment of the establishment of the instant loan. The instant repayment amount was appropriated for KRW 160,00,000 for the principal of the instant loan, KRW 160,000,000 for interest, KRW 17,361,00 for the instant loan, KRW 349,20 for the interest interest rate of KRW 17,610,00 for the instant loan, KRW 564,962 for interest rate, KRW 40 for the instant loan, and KRW 17,610,00 for the interest rate of KRW 30 for the instant loan, and KRW 21,000 for the credit transaction amount until the time of the instant loan under Article 4.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 9, 11, Eul evidence Nos. 1, 2, 4, 11 (including the serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The right to collateral security based on the registration of the establishment of the principal office of the Plaintiff’s claim 1 is the instant case.