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(영문) 대구지방법원서부지원 2020.10.06 2019가단63765

부당이득금

Text

Defendant C shall pay 36,540,000 won to the Plaintiff and 12% per annum from December 10, 2019 to the day of complete payment.

Reasons

The Plaintiff is a company that concludes a loan alliance agreement with D Co., Ltd. (hereinafter “D”) and mediates loans for the secondhand purchase price, etc., and Defendant B and Defendant C are secondary dealers and secondary brokers.

On February 11, 2019, a person who himself/herself referred to as "E (hereinafter referred to as "foreign person") (hereinafter referred to as "person in secret") expressed his/her intention to purchase a benz vehicle through Defendant C, and Defendant B expressed his/her intention to sell the Fbenz E20 CDI vehicle (hereinafter referred to as "the instant vehicle") that he/she owns, if he/she receives only 28.5 million won as the purchase price, he/she would sell the vehicle to Defendant C.

On February 12, 2019, Defendant C sent to the Plaintiff a copy and telephone number of the Nonparty’s driver’s license that the Plaintiff wishes to purchase the instant vehicle to Kakakaox, and the Nonparty was aware of whether it is possible to lend KRW 36 million to the Nonparty.

On the same day, the Plaintiff confirmed the possibility of lending the Nonparty to Defendant C’s phone number, and instructed the Nonparty to sign the lending document as the lending was possible. The Nonparty requested the Nonparty to prepare the lending document instead of the loan document and apply for the loan to D. The Plaintiff prepared the loan document under the Nonparty’s name and applied for the loan to D.

(2) The Plaintiff (hereinafter “instant loan”). However, even if the instant loan was not implemented on February 12, 2019, Defendant C transferred the instant vehicle amount of KRW 36 million from the Plaintiff’s account under the name of Defendant B to the account in the name of Defendant B and KRW 36,540,000,000,000 from Defendant C’s operating expenses to the account in the name of Defendant B (hereinafter “instant transfer”); and the said amount was “amount of remittance”).

Defendant B transferred 6 million won out of the remittance amount to Defendant C around that time.

Defendant.