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(영문) 서울서부지방법원 2015.02.10 2014가합6749

부당이득금

Text

1. The Defendants: (a) KRW 260,00,000 for each Plaintiff; and (b) 5% per annum from May 7, 2014 to August 28, 2014; and (c).

Reasons

Basic Facts

Defendant C operates a pharmacy with the trade name "E" on the first floor of building D above the south-gu Seoul Metropolitan area at port.

On the other hand, around November 201, Defendant B opened the hospital with the trade name of “F Councilor” on the second floor of the above building.

around October 201, Defendant B borrowed a total of KRW 350 million from Defendant C (hereinafter “the instant loan”). Around October 201, Defendant B decided to pay the said loan interest of KRW 5 million and the principal amount of KRW 5 million per month.

On May 7, 2014, the Plaintiff agreed on behalf of Defendant B to pay KRW 260 million out of the above borrowed money to Defendant C and to exempt the remainder of the borrowed money to Defendant B from the total amount of the borrowed money (hereinafter “instant agreement”).

On May 14, 2014, Defendant B borrowed additional KRW 30 million from Defendant C.

At this time, the Defendants deducted the interest paid by Defendant B from the total amount of KRW 352,135,226 of the loan principal and interest of this case, calculated by deducting KRW 260 million on behalf of the Plaintiff from the total amount of KRW 352,135,226, and settled the balance of the loan of this case as KRW 92,00,000,000,000,000,000,000,000,000 won.

(hereinafter “Additional Settlement”). Accordingly, Defendant B prepared to Defendant C a certificate of loan (Evidence A 2) with the interest rate of 5% per annum, May 30, 2017, and the loan amount of 1220 million won.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3 (including the number of branch numbers; hereinafter the same shall apply), and the agreement between the plaintiff and the defendants to indicate the claim for judgment as to defendant Eul as to the whole purport of the pleading was agreed that if the plaintiff subrogated to defendant C with the plaintiff about KRW 260 million, the plaintiff would extinguish all of the borrowed money of this case, and the plaintiff paid the above amount in trust.

However, in collusion with Defendant C to receive money from the Plaintiff, Defendant C is 26.6 billion won.