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(영문) 서울동부지방법원 2017.05.26 2016나27940
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 28, 1990, the Plaintiff’s joint and several sureties debt (1) borrowed KRW 280,000,000 as a credit installment loan to D on March 28, 1990 (hereinafter “the principal and interest of the instant loan”), and the Plaintiff and E jointly and severally guaranteed it.

(2) On May 8, 1995, the Gyeongbuk Mutual Savings and Finance Company rendered a judgment ordering the Plaintiff to pay the principal and interest of the instant loan amounting to KRW 134,39,760 of the principal and interest, and the interest in arrears. Around that time, the said judgment became final and conclusive.

(3) On September 6, 2004, 134,393,570 won of the principal and interest of the loan of this case were transferred to the Korea Mutual Savings and Finance Company, and the Korea Mutual Savings and Finance Corporation (hereinafter “Korea Mutual Savings and Finance Corporation”) that merged the above Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Corporation”) filed a lawsuit against the Plaintiff again seeking the payment of the principal and interest of the loan of this case against the Plaintiff in the Daegu District Court case No. 2004Gadan82857 for the interruption of extinctive prescription of the loan of this case. The judgment became final and conclusive around that time.

(4) On March 15, 2013, the Reorganization Bank transferred the instant loan principal and interest to mentor Annbnb loan (hereinafter “mentor”) and transferred 3,389 claims, including the instant loan principal and interest claims, to mentor F Co., Ltd. (hereinafter “F”). On April 8, 2013, F transferred the said credit transferor’s status to Defendant B (hereinafter “Defendant B”).

B. The solomon Credit Information Company, which was delegated by the Plaintiff’s mentor’s debt collection business (hereinafter “ Solomon”) with the consent of the Defendant B, receives 18,100,000 won out of the principal and interest of the instant loan between the Plaintiff’s fraudulent G and the Plaintiff’s fraudulent G, and exempt the remainder of the Plaintiff’s debt.

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