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(영문) 수원지방법원 2014.05.23 2013가합14753

부당이득금반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On January 26, 2008, the Plaintiff agreed to borrow interest of KRW 4,00,000 from the Defendant at 10% per annum and agreed to borrow interest at 10% per annum until February 3, 2012, the Plaintiff borrowed total of KRW 122,050,000 (including the above KRW 4,00,000) from the Defendant at 10% per annum and paid the Defendant 237,390,000 over 217 times in total from May 3, 2007 to March 2, 2012. However, even though the agreement between the Plaintiff and Nonparty 10% per annum of interest rate per annum of 10% per annum of the above month, the Plaintiff was obligated to repay the principal and interest of KRW 250,00 per annum to the Plaintiff without correction and 251, the Defendant had a duty to repay the above amount of interest and interest to the Plaintiff as stated in the attached Form 281,251,25.

Meanwhile, while transferring the principal and interest of the above loan to C, the Defendant agreed that C shall pay the principal and interest of the above loan amount of KRW 100,000,000 among the above 248,000,000 as KRW 100,000,000, which was borne by the Defendant to C in lieu of the repayment of the Defendant’s debt amount of KRW 148,000,000 among the remainder of KRW 140,000,000, which C used for the Defendant’s repayment of the Defendant’s debt amount of KRW 48,000,000 to the Defendant, but C shall pay the Defendant KRW 50,000,00 after it violated the agreement with the Defendant, but C transferred the above loan principal and interest of KRW 124,00,00 in equal installments to Nonparty E and F.

Ultimately, the Defendant, with the Plaintiff’s consent that he believed that the Plaintiff had a claim for the principal and interest of the loan against the Plaintiff, which was already extinguished due to its repayment, was transferred to C with the consent of the Plaintiff, and KRW 248,000,000 = KRW 100,000 due to the repayment of the obligation to C.