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(영문) 서울남부지방법원 2017.11.23 2015가단61730

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 9:

The Plaintiff’s status as the Plaintiff shall be from May 21, 1986 to December 31, 201, at Defendant Nonghyup D branch from September 2008 to December 31, 201, and from January 1, 2011.

2. From March 1, 2011 to September 2012, Defendant Agricultural Co., Ltd. was in charge of each loan and exchange at Defendant Nonghyup E branch, and the head of the FF office affiliated with Defendant Agricultural Co., Ltd was in charge of each loan and exchange.

B. (1) The Plaintiff, etc. (1) prior to November 19, 2009, upon acceptance of the Defendant’s registration procedures related to the substitution loan, etc., the Plaintiff handled the loan business with a loan of KRW 82 million from Nonparty G, an employee of the certified judicial scrivener office, who was requested by Nonparty G to make a substitute loan of KRW 12,400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

(2) In the process of the above substitute loan, G repaid each priority collateral obligation with the money loaned by the Defendant, and cancelled each priority collateral, and changed the register of the pertinent real estate as if the priority collateral was established in the name of the Defendant (in the case of a partial copy of the register, the priority order number of registration was not continuous). In fact, each priority collateral was not cancelled, or the priority collateral was not established in the name of the Defendant.

(hereinafter “instant accident”). C.

The defendant's measure (1) was known on February 11, 201 by the executive director and the chief of the audit office as a civil petition of H on February 11, 201.