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(영문) 춘천지방법원 2018.12.12 2017가합51085

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Lending money and delegating the management of buildings;

A. The status of the parties is Plaintiff B, Defendant E, and F are Plaintiff A’s children.

Plaintiff

C is the husband of F, and the plaintiff A's fraud.

B. The Defendant and E own 2/7 shares each, and the Plaintiff A, B, and F own 400 million won each, around December 2, 2005. (2) On April 12, 2006, the Plaintiff A, B, the Defendant, and E have sold all their shares in KRW 400 million to others. (3) around April 12, 2006, the Plaintiff A, B, the Defendant, and E, and the Plaintiff lent to the Plaintiff C an amount equivalent to each of their own shares in the above purchase price of KRW 400 million as the interest rate of KRW 2% per month.

(3) The Plaintiff paid 6,857,140 won to the Defendant as an interest holder under the instant loan, excluding the portion equivalent to 1/7 of F’s share, throughout the 71st month from July 26, 2006 to June 4, 2012. On July 3, 2012, the Plaintiff paid 3,428,570 won to the Defendant. (c) On May 2, 2004, the Plaintiff A delegated the management of the building (hereinafter “instant building”). Around May 2, 2004, on the ground (hereinafter “instant building”).

(1) The Defendant acquired the ownership of the instant building by July 19, 2017, and had the instant building leased the instant building to another person by managing the Defendant. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 6, and the purport of the entire pleadings.”

2. The assertion;

A. Although the Plaintiff C paid the interest on the instant loan to Defendant D, the Defendant did not pay the interest equivalent to his share to the Plaintiff A and B.

Therefore, the Defendant is obligated to pay the legal interest or delay damages for KRW 65,714,277 from September 28, 2007 to July 3, 2012 as well as for KRW 25,113,209 as well as KRW 65,714,27 as to KRW 65,77 from September 28, 2017 to September 27, 2017.

Preliminary;