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(영문) 서울북부지방법원 2017.09.13 2016나38403
부당이득반환등
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. All of the plaintiff's claims against the above revocation.

Reasons

1. Basic facts

A. The Plaintiff established a collateral security and purchased a loan from the Korea Exchange Bank Co., Ltd. (hereinafter “the apartment of this case”) in Busan Shipping Daegu apartment No. 103, 5402 (hereinafter “the apartment of this case”). The Plaintiff purchased the loan with the loan from the Korea Exchange Bank. The husband’s business was not good, and the borrower was borne by the loaner, thereby selling it, and requested a real estate agent

나. C는 2012년 9월 초순경 자신을 부동산업자라고 소개하며 이 사건 아파트를 시세보다 높은 850,000,000원에 매수하겠다고 하면서, 당장 여윳돈이 없으니 제2금융권에서 대출을 받아 기존 근저당권의 대출금을 상환하고 남은 대출금으로 매매대금 일부를 지급하며, 잔금은 빠른 시일 내에 이 사건 아파트를 전매하여 지급하겠다고 하였다.

The Plaintiff accepted its terms and conditions and concluded a sales contract with C on September 4, 2012.

C. C contact with the person "D chief" through the Internet rice Luxembourg examination to inquire into a financial institution with a high lending limit, and the head of D introduced the defendant and made the defendant request for the lending to the defendant.

C was aware of the fact that the Defendant’s credit rating was unfavorable to the loan terms due to a low credit rating, and that the credit rating was to obtain a loan under the name of Dong E with higher credit rating than himself, and that the Plaintiff was to obtain a loan under the name of Dong E. D.

C around September 12, 2012, with the person who is a partner of the D Department (C introduced him to E) (C) and visit the Defendant’s business office to E, and set up a loan application document in the name of E (590,000,000 and 31,00,000,000).

In addition, the plaintiff shall visit the defendant's business office and prepare a joint and several surety column of each of the above loan transaction agreements made in the name of E, and at the request of the plaintiff around June 2013, approximately nine months after the date of the request of the plaintiff.

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