beta
(영문) 부산고등법원 2020.01.23 2018나51754

부당이득금

Text

1. The judgment of the court of first instance is modified as follows.

The principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.

(b).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff borrowed money from the Defendant from February 13, 2013 to May 18, 2016 under the agreement to pay interest at a rate of 5 to 15% per month between the Defendant and the Defendant as security and borrowed money from time to time from time to time.

B. On November 2016, the Defendant, along with other creditors, filed a complaint against the Plaintiff, etc. on charges of violating the Illegal Check Control Act, on the grounds that the number of shares issued by the Plaintiff, etc. was not approved as the shortage of deposits. (2) The Prosecutor prosecuted the Plaintiff as a violation of the Illegal Check Control Act (the Busan District Court Branch Branch Branch of the Dongsan District Court 2017Dadan258, the same court 2017Ma1444), and then dismissed the disposition against the Plaintiff as to the charge of violating the Illegal Check Control Act, without any suspicion against the Plaintiff and the violation of the Illegal Check Control Act.

C. 1) On January 16, 2018, the creditors’ claim attachment and collection order against the Plaintiff was issued on January 16, 2018 by Busan District Court 2018TTTB 2018, and as a result of the instant judgment, the Plaintiff and the Defendant were served on the Defendant and the Plaintiff at around that time, with the collection order for the claim attachment and collection of the amount up to KRW 606,410,959, out of the amount to be paid by the Defendant according to the judgment of this case. 2) J was served on March 8, 2018 by Busan District Court 2018TB branch branch branch branch of the Busan District Court 2018,58TB698, which was to be paid by the Plaintiff from the Defendant, and it was confirmed that the Defendant and the Plaintiff were served on around that time.

On March 17, 2017, the Plaintiff and D against the Defendant as Busan District Court Branch 2017Gahap101484.