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(영문) 수원지방법원 2016.08.18 2016나193
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Defendant did not directly pay 6,500,000 won of the loan executed after concluding a loan transaction agreement with the Plaintiff and appropriated it to repay the Defendant’s credit card use price obligation to the Defendant.

After that, the defendant received the repayment of the principal and interest of loan from the plaintiff who did not bear the obligation under the loan transaction agreement, and obtained profits without any legal ground, and caused the plaintiff to suffer losses equivalent to the same amount.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 6,500,000 as unjust enrichment return and delay damages therefor.

(b) Determination 1) The following facts do not conflict between the Parties, or evidence Nos. 1, 2, and 1, 2 (including Serial number; hereinafter the same shall apply):

(A) On November 22, 1992, the Plaintiff and B filed a divorce report on September 13, 2002, even if they were married couple under the law, and they completed the divorce report on September 13, 202.

B) On November 30, 2000, the Plaintiff was merged with the Defendant on April 1, 2006.

“Defendant” without distinguishing between before and after the merger.

(2) The loan transaction agreement between the Plaintiff and the Plaintiff was concluded on November 30, 2001 (hereinafter “instant loan transaction agreement”) and the loan amount of KRW 6,50,000, interest rate of KRW 11.5% per annum, interest rate of 19% per annum, and interest rate of November 30, 2001.

(C) The Defendant did not directly pay the Plaintiff a loan of KRW 6,50,000 under the instant loan transaction agreement, and appropriated the Plaintiff’s husband B for repayment of marina loan loan to the Defendant. D) The Plaintiff extended the transaction period under the instant loan transaction agreement four times each year from November 29, 201 to November 29, 2004. At the time of the closing of argument in the trial, the Plaintiff repaid the Defendant the principal and interest of the loan under the instant loan transaction agreement to the Defendant. (E) In accordance with the loan transaction agreement against the Defendant.

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