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(영문) 서울동부지방법원 2014.09.19 2014가합5584

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 2 and 7, and evidence No. 13.

On July 31, 2013, the Plaintiff and the Defendant: (a) borrowed KRW 500,00,000 annually from the Defendant on July 31, 2013 (30% per annum of delay damages); (b) on December 31, 2013, the Plaintiff delayed the payment of principal and interest; (c) as a matter of course, the Plaintiff would lose the benefit within the due date; and (d) if the Plaintiff fails to perform the obligation to return principal and interest, it would immediately be recognized that there is no objection even if compulsory execution is performed; (d) a notary public of the No. 209 of the No. 209 of the Money Loan Agreement (hereinafter “No. 1”), “No. 300,000,000 annually from the Defendant on July 31, 2013; and (e) a notary public of the said case would return the Plaintiff’s interest of KRW 12% per annum (30% per annum damages); and (e) a notary public of the said case from the end of the No. 2013015 months.

B. On October 17, 2013, the Defendant filed an application for seizure of the instant corporeal movables owned by the Plaintiff, such as Chuncheon District Court 2013No. 1045 (hereinafter “the instant corporeal movables”) with the title of execution of each of the instant corporeal movables as the title of execution, and the execution officer of the Chuncheon District Court filed an application for seizure of the instant corporeal movables on October 24, 2013, and on November 25, 2013, the execution officer of the instant corporeal movables was executing seizure on the instant corporeal movables.