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(영문) 대전지방법원 2016.10.19 2015가합106329

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. As between June 3, 2008 and June 17, 2008, the Defendant remitted total of KRW 350,000 to the Plaintiff as indicated below [Attachment 1].

50,000,000 Plaintiffs June 13, 200 on June 3, 2008, 200 on June 13, 2008, Plaintiff 3,50,000 on June 17, 2008, totaling KRW 350,000,000 [Attachment 1: Defendant’s remittance details]

B. On June 17, 2008, the Plaintiff prepared and delivered to the Defendant a loan certificate stating the above KRW 350,000,000 as the due date for payment on December 30, 2008 and the interest rate of KRW 3% per annum.

(B) No. 2-2, hereinafter “the loan certificate of this case”)

The Plaintiff’s obligation to pay KRW 350,000,000 is set forth below [Attachment 2].

As to each land listed in the subsection (hereinafter referred to as “instant land”), the same Table shall apply.

(2) The right to collateral security, the amount of which is the maximum amount of claims, was established.

In the auction procedure for the land of this case (hereinafter “instant auction procedure”), the defendant is a mortgagee as the right to collateral security.

(3) The sum of the statements in the port was received 641,852,882 won.

(In practice, the defendant has been awarded the land of this case and offseted the successful bid price and the dividend).

A. The land of this case (the title holder of the land)

(b) Mortgage;

(2) On June 17, 2008, Ulsan District Court E 240,000,00 Ulsan District Court E on Oct. 222, 2009, 200 Ulsan District Court E 78,179,6822, Ulsan District Court G 741 square meters (Plaintiff) on Mar. 5, 2010, h109, 320, 368, h109, 39, 398, 398, 368, h108, 39, 398, 398, 45, 200, 205, 201, 35, 204, 368, 205, 205, 34, 205, 204, 394, 205, 204, 394, 201, 365, 294, 201, 37, 37, 294

2. The plaintiff's assertion

A. The plaintiff on June 3, 2008.