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(영문) 대전지방법원천안지원 2016.02.17 2015가단157
부당이득금반환
Text

1. The Defendant’s KRW 22,378,040 for the Plaintiff and KRW 20% per annum from March 3, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s wife borrowed KRW 45 million from the Defendant on October 19, 201, KRW 16.15 million on November 16, 201, KRW 15 million on January 201, and KRW 45 million on March 6, 2012 on several occasions with the Defendant.

B. Around August 2012, C and the Defendant settled the loan of C at KRW 130 million. At the Defendant’s request, C agreed to prepare a notarial deed of a monetary loan agreement with the mother, D and the Plaintiff as a joint and several surety, setting the interest on the loan at KRW 2% per month and the due date on November 30, 2012.

C. Accordingly, on August 29, 2012, the Defendant: (a) issued a letter of delegation, C, Plaintiff, and D’s certificate of personal seal impression on August 31, 2012, stating that C, Plaintiff, and D designated the Defendant as his/her agent and delegated the Defendant with the authority to commission the preparation of a notarial deed as described in paragraph (b); and (b) entrusted a notary public with the preparation of a notarial deed on behalf of both C, Plaintiff, and D with the law firm mission.

On August 31, 2012, a notary public made a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) to the effect that “C borrowed KRW 130 million from the Defendant on August 29, 2012, and the interest shall be paid up to November 30, 2012, and the interest shall be paid at 20% per month on the 30th day of each month, and the Plaintiff, the Plaintiff, the Plaintiff, and D shall jointly and severally guarantee the obligation of the said C, and if the Plaintiff, the Plaintiff, and D fail to perform the said obligation, they shall immediately be subject to compulsory execution, recognize that there is no objection.”

E. On the basis of the instant notarial deed, on December 16, 2013, the Defendant received the seizure and collection order (the Daejeon District Court Branch Branch 2013TTTB 2013T 9538; hereinafter “instant collection order”) from the Plaintiff, who is a public official of the Gyeonggi-do Office of Education, on the basis of the instant notarial deed and received the seizure and collection order of the monthly wage claim to be paid from Gyeonggi-do, and KRW 22,378,040 in total over 12 times from January 23, 2014 to December 18, 2014.

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