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(영문) 대구지방법원 2017.09.07 2016가단120783
부당이득금
Text

1. The Defendant and Nonparty C concluded on January 19, 2017 with respect to No. 105 and No. 102 of the Daegu Dong-gu D apartment No. 102.

Reasons

1. Basic facts

A. The defendant was married with the non-party C on June 20, 1996 and had one male and female.

B. C voluntarily retires on April 30, 2014 at the workplace case (KT) E branch and received KRW 13 million as an honorary retirement allowance. Thereafter, C worked at the KT subsidiary and retired on December 31, 2014.

C. On May 15, 2014, C purchased the 144,000,000,000 won for the 105, 2nd, 105, 2nd, 300,000 Won for the purchase price, and registered the title transfer under the name of the Defendant. The acquisition cost for the purchase price, etc. was paid as KRW 5 million for the Defendant’s honorary retirement allowance and the apartment in the name of the Defendant bank as security.

The plaintiff was C’s Kit Work Hours, and lent C KRW 123,00,000 as follows.

1) Upon receipt of C’s request from Yong to lend money for the purpose of “the purchase fund of a building adjacent to Yong-Namnam University”, KRW 6 million shall be extended from March 11, 2015 to March 13, 2016 due date for payment from March 12, 2016; and KRW 25 million shall be extended at 25% per annum; and interest and delay delay damages shall be determined on September 4, 2015; and KRW 6 million shall be due date for payment on April 25, 2016; interest and delay damages shall be 25% per annum; and shall be lent on February 19, 2016 upon receipt of a request to lend “the funds for a building operation of Yong-Namnam University.”

E. However, C was prosecuted and convicted for fraud because it was the use of money and obtained the above loan from the Defendant.

F. The Plaintiff filed a claim for divorce against C, such as divorce and consolation money, with the Daegu Family Court 2016ddan1495.

On January 19, 2017, the above court decided to recommend reconciliation with the purport that "the plaintiff and C are divorced, and C pay 1 million won consolation money to the plaintiff, and pay 600,000 won per month to one child who is a minor." The decision became final and conclusive and divorced with C.

recognized.

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