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(영문) 춘천지방법원 속초지원 2018.10.12 2018가단154

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 55,166,502 and the interest rate of KRW 15% per annum from January 3, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Defendant, on June 20, 2006, lent interest of KRW 36% per annum to the Plaintiff on June 20, 2006, and due date on June 30, 201. On December 30, 2007, the Defendant asserted that the Plaintiff leased KRW 20 million with interest rate of KRW 36% per annum, due date on June 30, 2008, and due date of payment on June 30, 2008 (hereinafter the above loans collectively referred to as “instant loan”), and filed an order for payment with the Defendant seeking payment of the loan of KRW 90 million,000,000,000 to the Plaintiff on April 13, 2009, “The Plaintiff served the Defendant with interest rate of KRW 30% per annum from April 30, 2008 to June 30, 209, and the payment order of KRW 2009,00,000,000,09.”

(hereinafter referred to as the “instant payment order”), which became final and conclusive, B.

On June 11, 2009, the Defendant received the attachment and collection order (hereinafter “instant collection order”) under 2009TT 674 as to the claim, such as the payment, etc. against the Plaintiff’s prompt payment at the time when the Plaintiff was affiliated with the title, and thereafter received the dividend of 55,16,502 in total through the collection order of this case as follows.

D E F GH IJ L L M NO P

C. The Plaintiff asserted that there was no loan of this case, and filed a lawsuit of demurrer against the Defendant for the exclusion of enforcement force of the payment order of this case under 2016Kadan1412, which became final and conclusive on February 7, 2017. The said court rendered a favorable judgment against the Plaintiff on the grounds that there was no evidence to acknowledge the loan of this case on February 7, 2017, and thereafter, the said judgment became final and conclusive on February 24, 2017, with the limit of the appeal period.

(hereinafter referred to as the “prior judgment”) D.

The defendant, who is dissatisfied with the preceding judgment, filed an appeal to the Chuncheon District Court by 2017Na343, but the above appellate court on November 2017.