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(영문) 서울서부지방법원 2017.08.18 2015가단23249

양수금

Text

1. The Defendant’s KRW 114,008,170 for the Plaintiff and 5% per annum for the period from July 16, 2015 to August 18, 2017.

Reasons

1. Basic facts

A. Nonparty C (D) had 3 South and North 4 women under Sslova, and the Defendant is a woman, the South and North E died in 2013, and the Plaintiff is the Republic of Korea.

B. On September 22, 2004, C established the right to collateral security on the land and its ground buildings in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”), and paid 200 million won to the Defendant by borrowing 200 million won from the above community credit cooperatives under the condition that the principal and interest shall be repaid in installments with a maturity of 10 million won (hereinafter “instant community credit cooperatives loan”).

C. At the time, the Defendant, who had operated the real estate brokerage business, was used on September 23, 2004 to purchase G housing in Eunpyeong-gu Seoul on the following day.

On February 15, 2013, at the request of the deceased and the defendant, the plaintiff set up a collateral security (interest of 150,000,000 won per annum) with the debtor on the real estate of this case to the bank of Korea Co., Ltd. on February 15, 2013, and borrowed 150,000,000 won (interest of 4.14% per annum) from the above bank. On the same day, the plaintiff repaid the principal and interest of the loan of this case as 114,008,170 won and C’s loan of 12,112,740 won on February 27, 2009.

E. The Plaintiff and the Defendant agreed to pay KRW 420,00,000 to the Plaintiff around the 15th day of each month, out of the interest on the Plaintiff’s loans to the instant bank. The interest accrued until January 2015 was paid to the Plaintiff.

F. On the other hand, on February 28, 2015, H Housing Redevelopment Project Association deposited KRW 976,652,600 as the deposited person C in this Court No. 2259 as the deposited person C, as the compensation for expropriation of the instant real estate.

G. On July 10, 2015, the Plaintiff fully repaid KRW 150,832,191 of the principal and interest of a bank to its own money.

H. However, there is a dispute between the original and the inheritor, including the Defendant, regarding the said deposit. On July 15, 2015, the Defendant filed an application for commencement of adult guardianship with the Seoul Family Court No. 2015-Ma6584, Jan. 21, 2016, on the ground of the I’s dementia status. The said court is the Plaintiff on January 21, 2016.