logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.18 2016가합577530
손해배상, 부당이득반환청구
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. F filed a lawsuit against G et al. (hereinafter “G”) with the Seoul Central District Court Decision 2007Gahap45581, and rendered a judgment on November 7, 2007 that “G and H jointly pay to F the amount of KRW 550 million per annum from June 21, 2007 to the date of full payment, and 20% per annum from June 21, 2007,” which became final and conclusive on November 28, 2007.

Plaintiff

A on August 19, 2009, the F acquired the claim of the amount to be transferred from F in accordance with the above judgment, and F notified the transfer of the claim to G on December 23, 2009.

B. On June 30, 2005, I loaned KRW 800,000 to G several times by borrowing KRW 975,000 from the Sejong Saemaul Bank.

During the period from June 30, 2006 to December 30, 2010, the J paid I’s above loan principal and interest amounting to KRW 963,546,230, in lieu of the principal and interest amount of the loan to the Sejong Saemaul Bank, and acquired the claim for reimbursement equivalent to the above amount. On March 20, 2012, the J transferred the remainder of KRW 500,000 to C, and the remaining KRW 463,546,230 to the Plaintiff, respectively, and notified I of the assignment of claims on March 22, 2012.

C. On August 16, 2012, Plaintiff B and C filed a lawsuit against Plaintiff B and C seeking payment of the loan to G in subrogation of Plaintiff B and Plaintiff B with Suwon District Court Decision 201Ga6048, which stated that “G shall pay to Plaintiff C 50 million won, 463,546,230 won, and 20% interest per annum from April 5, 2012 to the date of full payment for each of the said money,” which became final and conclusive on September 15, 2012.

G sold each real estate listed in the separate sheet to K on May 28, 2009, completed the registration of ownership transfer on June 1, 2009, and received 375 million won from K to its own account in its name during several times from June 1, 2009 to June 26, 2009. The full amount of the purchase price is either withdrawn or different for the same period.

arrow