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(영문) 서울중앙지방법원 2017.02.14 2016가단5085848

부당이득금

Text

1. The Defendant’s KRW 49,932,660 as well as 6% per annum from October 12, 2013 to November 10, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 2011, the Plaintiff entered into a guarantee insurance contract of KRW 51,803,810 with the Korea Teachers’ Credit Union, Korea Teachers’ Credit Union, and Korea Teachers’ Credit Union (hereinafter “Korean Teachers’ Credit Union”) to guarantee the stabilization of livelihood, and the Plaintiff paid KRW 49,932,660 on the request of the Korean Teachers’ Credit Union as the Plaintiff did not fully repay the money after receiving the loan from the Korean Teachers’ Credit Union under the said payment guarantee

B. After that, the Plaintiff filed an application with the Seoul Central District Court for a payment order against B as Seoul Central District Court No. 2014 tea3099. On February 4, 2014, the above court determined that “B shall pay to the Plaintiff KRW 50,917,630 (= principal KRW 49,932,660) per annum from October 12, 2013 to October 10, 2013; and KRW 6% per annum from the next day to January 9, 2014; KRW 984,932,60 per annum from January 10, 2014 to the delivery date of the original payment order; and KRW 20% per annum from the next day to the payment date (hereinafter “instant payment order”) to the Plaintiff.

C. On July 16, 2010, No. 395, 2010, the Defendant: (a) a notary public drafted and commissioned a notarial deed in a monetary loan agreement for consumption (hereinafter “instant notarial deed”) with the content that “the Defendant shall have a maturity of KRW 360 million on April 1, 2007; (b) the interest rate of KRW 10,000,000 to B was set at 10% per annum; and (c) if the Defendant failed to perform the said monetary obligation, the Defendant shall immediately be subject to compulsory execution; and (d) the Defendant issued a notarial deed in the instant notarial deed to the Defendant; and (e) the Defendant received on July 29, 2010 as the Suwon District Court No. 2010ta15721, the remainder (hereinafter “instant notarial deed”).