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(영문) 서울고등법원 2016.09.08 2016나2005922

부당이득금

Text

1. Of the instant lawsuit, the part concerning the claim that the Plaintiff A changed in exchange in the trial is dismissed.

2. Plaintiff B.

Reasons

1. Basic facts

A. The relationship between the parties (1) Plaintiff A, along with D, has decided to make an investment in the I Project that is deemed to be below, with the mother of Plaintiff B.

(2) The defendant is a person who lends money to the I business.

B. On July 25, 2007, Plaintiff A and D entered into an agreement with Plaintiff A and D to invest KRW 300 million in the purchase fund of H land in E and pay KRW 150 million in earnings to Plaintiff A and D, with respect to the business of constructing a row housing after purchasing the building on the ground and removing the building on the ground (hereinafter “H land”).

(2) In order to secure the obligation to pay the total amount of KRW 450 million of the investment principal and the profits of Plaintiff A and D with respect to Plaintiff A and D, E agreed to complete the registration of the establishment of a neighboring mortgage on H land.

다. 피고의 대여와 담보 설정 및 변경 (1) 피고는 아래와 같이 돈을 대여하고(대여일, 차용증, 금액은 모두 차용증 기재를 기준으로 정리하였다. 이하 각 차용금을 아래 표의 순번에 따라 ‘① 내지 ⑧ 차용금’이라 한다. 일부 차용금은 선이자가 공제되었고, 이율은 월 2% 내지 2.5%였다. ⑥, ⑦, ⑧ 차용금에 대한 각 차용은 Q㈜이 발행하고 ㈜P이 배서한 액면금 1억 원인 약속어음을 할인받는 방법으로 이루어졌다.), 근저당권을 설정받았다

(B) At the time of the establishment of each right to collateral security, E set up a collateral security to secure the principal of investment and earnings with respect to the I business to Plaintiffs A and D, but the amount of investment was set up in the future to the Defendant, following the Defendant’s loan. At the time of the establishment of each right to collateral security, Mapo-gu Seoul, J, 303 (hereinafter referred to as “J Housing”), Mapo-gu, Seoul (hereinafter referred to as “L Housing”), No. 205 (hereinafter referred to as “L Housing”), and M apartment 101, Nowon-gu, Seoul.