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(영문) 서울동부지방법원 2017.09.01 2015가단128258

부당이득반환 등

Text

1. The plaintiff A, a corporation:

A. Defendant C Co., Ltd.: KRW 28,734,078 and its related thereto from August 1, 2015 to November 1, 2015.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is a company whose business purpose is consulting on finance, management, etc., and the purchase, sale, etc. of non-performing loans held by financial institutions, etc.; Defendant D’s representative director; Defendant D’s representative director; Defendant E’s actual manager who operates Defendant D and the Defendant Company; Defendant G acts as a broker for a monetary loan between the Plaintiff Company A (hereinafter “Plaintiff”) and the Defendant Company; and the person who received brokerage commission from the Plaintiff Company; and Plaintiff B is an actual manager of the Plaintiff Company.

B. On February 22, 2015, Defendant D and E (hereinafter “Defendant D, etc.”) set a loan of KRW 150 million at 10 million with interest on seven days (hereinafter “first loan”). As determined thereafter, Defendant D, etc., as the business entity of the Defendant Company, made the first and second loans to the Plaintiff Company. As to this, the Plaintiff Company received from the Plaintiff Company a written contract for establishing a right to lease on a deposit basis, a document establishing a right to lease on a deposit basis, and a letter of delegation on the preparation of an authentic deed from the Plaintiff Company. On the other hand, the Plaintiff Company introduced the Plaintiff Company for the first loan on February 26, 2015, the Plaintiff Company paid KRW 50 million to Defendant G, who was not given a loan to the Plaintiff Company within seven days, and the Plaintiff Company 200,000,0000 won to the Plaintiff Company and the Plaintiff Company 505,005,000,000,000 won.

Plaintiff .