logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.04 2019가단229052
이득상환청구
Text

1. All of the plaintiff's main claims are dismissed.

2. Defendant C: (a) KRW 74,633,735 on July 2019, as well as on the Plaintiff.

Reasons

1. Basic facts

A. From around 2008 to 2009, the Plaintiff lent KRW 78360,00 to Defendant C.

B. In order to secure the payment of the Plaintiff’s loan claim against Defendant C, the Defendants issued promissory notes as indicated in the attached Form (hereinafter “instant promissory notes”) to the Plaintiff, and prepared a notarial deed on January 13, 2012.

C. The Plaintiff was distributed KRW 3,726,265 through the enforcement procedure on the property owned by Defendant B (hereinafter “Defendant B”) with the Promissory Notes in the instant case.

[Ground for Fact-finding] The facts without dispute, Gap 1 through Gap 7, Eul 2, the purpose of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. The Plaintiff asserts that the Defendants, the issuer of the Promissory Notes of this case, have not repaid their obligations, and that currently, they claim reimbursement of profits against the Defendants on the grounds that only the Defendants have the right to claim reimbursement of profits against them.

B. If a bill is issued to secure the payment of a claim in a causal relationship, the bill was extinguished by the statute of limitations.

Even if a claim for reimbursement of benefit does not occur (Supreme Court Decision 91Da40443 delivered on March 31, 1992), as determined in the plaintiff's conjunctive claim, the plaintiff can exercise the loan claim against the defendant C, which is a underlying claim, at present, and therefore, it cannot be said that the issuer of the bill took profit. Thus, the plaintiff's primary claim does not appear to be any mother or reason.

3. Judgment on the plaintiff's conjunctive claim

A. According to the above facts, Defendant C is obligated to repay the remaining 74,633,735 won, excluding the amount of KRW 3,726,265, which the Plaintiff received as dividends in the enforcement procedure, from the above loans 7,836,00 won.

(1) As to the total amount of the above loan, the Plaintiff sought the payment of interest or delay damages from March 6, 2009 and sought them from Defendant C.

arrow