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(영문) 부산지방법원 2016.10.20 2015가단19922

부당이득금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant C shall pay KRW 30,000,000 and for this, from March 1, 2014 to October 20, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants jointly purchased the instant building E-based commercial buildings in the Geumcheon-gu Busan Metropolitan Government (hereinafter “instant building”) and sold them to make profits from market prices. The Plaintiff and the Defendant D drafted the attached agreement on March 6, 2003, and around that time, the Plaintiff paid Defendant D KRW 50,000,000 as investments.

On April 30, 2003, the instant building was registered under Defendant C’s name.

B. Meanwhile, the Plaintiff, in addition to the above investment amount, provided money under the name of loans, etc. to Defendant D. However, on June 2, 2003, Defendant D prepared to the Plaintiff on June 11, 2003 a letter of commitment that he would pay the Plaintiff the total amount of loans of KRW 8,000,000 and interest rate of KRW 15% per annum, and on June 13, 2003, KRW 510,000 and KRW 90,000 on June 13, 200, and the same year.

7.9. 300,000 won, January 13, 2004 2,000 won were repaid.

C. On March 8, 2013, Defendant C sold the instant building to F and G, and on October 29, 2013, Defendant C prepared a loan certificate stating that the Plaintiff would pay KRW 30,000,000 to the Plaintiff by February 28, 2014.

On October 21, 2015, the Plaintiff transferred its claim against the Defendants to the Intervenor succeeding to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 7, 14, 22, and 25, the purport of the whole pleadings

2. Determination

A. Defendant C is obligated to pay to the Plaintiff KRW 30,00,000 under the agreement made on October 29, 2013 as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from March 1, 2014 to October 20, 2016, which is the day following the due date of payment of the agreed amount, and from the next day to the day of full payment, 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. Defendant D’s 3,710,000 won out of the loan amount of KRW 8,00,000 (= KRW 510,000,000 KRW 300,000) and the remainder of KRW 4,290,000 after the loan date, as sought by the Plaintiff, and as a result, Defendant D’s delivery date of the copy of the complaint of this case from May 13, 2013 to April 29, 2015, as sought by the Plaintiff. < Amended by Act No. 11737, Apr. 29, 2015>