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(영문) 서울중앙지방법원 2014.12.18 2014가단5099263

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 25, 1997, a mutual savings and finance company (hereinafter “mutual savings and finance company”) loaned KRW 30,000,000 to C on February 25, 1998 with a maturity of KRW 16.5% per annum of the agreed interest rate, and an overdue interest rate of KRW 20% per annum of the agreed interest rate (hereinafter “instant loan”). As to the above loan obligations, the Plaintiff A, the spouse of C, and D’s living together with the Plaintiff, were jointly and severally guaranteed, and C, etc. on March 8, 1997, a notary public prepared and issued a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”).

B. On March 25, 200, Cheongju District Court E, issued a collection order for the benefit claim against the third obligor of Cheongbuk-do based on the instant notarial deed, and collected KRW 22,15,640 in total from April 17, 200 to August 14, 2003 according to the above seizure and collection order.

(1) D shall be paid 15,00,000 won to a credit cooperative until August 30, 2003, but if it is not paid until the above-mentioned date, damages for delay calculated at the rate of 20% per annum from September 1, 2003 to the date of full payment shall be paid plus damages for delay calculated at the rate of 20% per annum.

② On or after May 27, 2003, the money collected by the Cheongju District Court E-mail and collection order based on the Notarial Deed of this case shall be appropriated for the repayment of the money indicated in paragraph (1) and deducted from the above money.

3. When the funds stated in paragraph (1) are fully repaid, the KFF shall not perform compulsory execution against D based on the Notarial Deed of this case, and the D’s new debt based on the loan of this case shall be extinguished.

4. D shall waive the remainder of claims.

(5) Litigation costs and conciliation costs shall be borne by each person.

C. The Treasury was declared bankrupt on May 7, 2001. D The Notarial Deed of this case as the Cheongju District Court 2002Kadan23871 against the Trustee in Bankruptcy of the Depository by Cheongju District Court 2002Kadan23871.