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(영문) 서울중앙지방법원 2020.07.15 2019가합567008

부당이득금

Text

1. The defendant litigants amounting to KRW 593,707,570 as well as to the plaintiff from November 8, 2017 to October 1, 2019.

Reasons

1. Basic facts

A. The Plaintiff was a reconstruction association organized for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant rearrangement project”). On March 7, 2009, at the general meeting of the parties to the lawsuit for the Defendant (E corporation was established by dividing the construction project sector, etc. on May 2, 2018, and C corporation succeeding the construction project sector prior to the division took over the instant litigation procedure on November 4, 2019; hereinafter “Defendant litigant”) without distinguishing between before and after the division and the lawsuit taking place; on March 20, 2009, the Plaintiff concluded a contract for the construction project with the Defendant litigant, but on March 31, 2015, the Plaintiff revoked the selection of the association members from the general meeting of shareholders and notified the Defendant litigant of the cancellation of the contract for the said construction project.

B. From April 30, 2015 to January 26, 2015, the defendant litigant filed a lawsuit against the plaintiff seeking the return of the amount loaned by the defendant litigant to the plaintiff in relation to the instant rearrangement project (Seoul Northern District Court 2015hap23165 (principal lawsuit), 2016Gahap20149 (Counterclaim))). In the above lawsuit, the plaintiff filed a lawsuit with the defendant litigant for a total of 11,915,197,206 won loans to the defendant litigant and 5,084,83,04,83,046 won with interest-free interest-free loan, from March 2, 2015 to January 26, 2015, each of the above decisions became final and conclusive from the following day to August 10, 2017 to the 15% annual interest-free loan, and each of the above 15% annual interest-free loan from the date of each loan.

C. According to the above judgment, the Plaintiff’s total amount of KRW 11,915,197,206, total of KRW 11,915,197,206, and the interest amount of KRW 15,787,615,820 from each initial date of calculation until August 28, 2017, as well as KRW 15,787,015,820 from each initial date of calculation.