부당이득반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is a person appointed as a trustee in bankruptcy after the bankruptcy of the Korea Savings Bank Co., Ltd. (hereinafter referred to as the "Korea Savings Bank"), and the defendant is a person who has obtained a loan from the Korea Savings Bank.
On March 29, 2004, the Korea Savings Bank loaned 5,460,000,000 to the Defendant at the interest rate of September 29, 2004 and 13% per annum. On April 29, 2004, B, the husband of the Defendant, was jointly and severally guaranteed the Defendant’s above loan obligations against the Plaintiff.
On the other hand, on the first day of December 2005, the balance of principal of the loan was KRW 4,038,000,000.
(hereinafter “instant loan”). The Korea Savings Bank and C Co., Ltd. (hereinafter “C”) drafted a credit transaction agreement containing 4,038,00,000 won of credit amount, account number D, date of credit extension, December 26, 2005, and 12% of the expiration date of the credit period, interest rate of 12% per annum, and interest rate of 25% per annum (hereinafter “the instant credit transaction agreement”) on December 26, 2005 between the Korea Savings Bank and C Co., Ltd. (hereinafter “C”), and the name and seal of the representative director of C was affixed thereon.
On December 26, 2005, the Korea Savings Bank deposited KRW 4,037,650,000 (=4,038,000,000 - 350,000) loans in the Korea Savings Bank Account under C’s name (Account NumberF)
(hereinafter “The First Transfer”). On the other hand, on the same day from the said account, KRW 4,034,431,688 was remitted to the Korea Savings Bank Account (Account Number G; hereinafter “instant account”) in the name of the Defendant (hereinafter “the Second Transfer”), and the said money was all treated as being appropriated for the principal of the instant loan on the same day.
After that, KRW 3,218,312 and KRW 3,571,687, such as interest deposited in the account in the name of C until June 17, 2006, including interest deposited in the said account, were deposited in the said account as interest on the above loan to the Korea Savings Bank in the name of C, and the property investigation provisional payment, etc., and deposited in the said account on September 16, 2006.