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(영문) 서울중앙지방법원 2019.01.11 2018가합531620

부당이득금반환 청구의 소

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1. The Defendant: (a) KRW 318,816,222 to the Plaintiff; and (b) 5% per annum from April 6, 2018 to January 11, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s loan, etc. 1) The Plaintiff Company A (hereinafter “A”)

(3) The Defendant loaned the loan principal on the date of each relevant agreement as set forth in the table 1 through 6 below. On July 9, 2007, 2007, the loan principal or credit card payment interest (won) 1,000,7500,000 on December 31, 2008, 9,78,8653 Small and Medium Enterprise Facilities Fund 1,475,000,000 on November 13, 2014, 200,000,009, 274, 274, 2124, 13,000,000,000, 300,000,0000, 274, 2124, 13,000,004, 40,404, 104, 105, 105, 2014, 105, 2015.

B. As to the real estate B, etc. (hereinafter “instant real estate”) owned by A, including the creation of a right to collateral security, the Plaintiff was the mortgagee, and the right to collateral security (hereinafter “mortgage 1”) was respectively established with the maximum amount of debt, KRW 2,700,00,00,00 due to each loan transaction set forth in the said Table Nos. 3, 4, and 5 as of November 13, 2014, with respect to the secured debt, KRW 2,70,000 as the maximum amount of debt, and KRW 360,000 as of January 30, 2015, with respect to all obligations currently and future due to loan transaction set forth in the said Table No. 6 as the maximum amount of debt.

C. (1) A was declared bankrupt on March 30, 2016 by this Court No. 2016Hahap28, and at the time of the said declaration of bankruptcy, A filed a report on the claim equivalent to KRW 4,418,489,366 with respect to the above bankruptcy procedure on April 26, 2016.

The plaintiff.