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(영문) 수원지방법원 2016.07.12 2016가단501930

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 4, 2013, the Plaintiff borrowed 2 billion won at the interest rate of 7.17% per annum from the Suwon Central Saemaul Depository, and 20% per annum from the overdue interest rate of 20% per annum. To secure this, the Plaintiff completed the registration of establishment of a neighboring mortgage, which is the debtor, the debtor, the debtor, and the debtor of the right to collateral security, and the debtor of the right to collateral security (hereinafter referred to as the “mortgage-mortgage-backed security”).

B. The Plaintiff’s above A.

The Suwon Central Saemaul Bank applied for the auction of real estate deposit (hereinafter the auction of this case) to the Suwon District Court B on each real estate of this case, as it failed to repay the interest obligation of the loan of port entry.

C. The Suwon Central Saemaul Savings Depository is the Plaintiff’s above.

On December 26, 2013, the claim for loans from port (hereinafter in this case) and the right to collateral security in this case were transferred to the defendant (which is a stock company at the time) to 2.2 billion won, and the registration of collateral security was made on December 26, 2013.

In the auction of this case, each real estate listed in attached Tables 6. and 7. on October 31, 2014 was awarded a successful bid, and thereafter, the original seller who intends to purchase each real estate of this case was agreed to cancel the instant auction by cancelling the loan claim of this case and the right to collateral security, and sell them under good conditions to the original seller.

On December 10, 2014, the Plaintiff presented to the Defendant 2,590,885,843 (2,200,000,000,000 won as interest accrued until December 10, 2014) equivalent to KRW 2,586,824,102 ( principal 2,00,000,000,000) as the loan amount of this case’s loan until that time. The Defendant agreed to the Plaintiff at KRW 2,770,00,000,000 as interest accrued until December 10, 2014 (2,200,000,000,000,000). The Plaintiff and the Defendant agreed to KRW 153,242,00,000,000 as interest accrued by the Defendant to acquire the loan’s loan claim.

(hereinafter referred to as the dispute agreement of this case).

The Plaintiff each of the instant cases from Gangnam Capital Co., Ltd.