logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.09.22 2015나31623
부당이득금
Text

1. Upon receiving a claim for a change in exchange at the trial, the defendant shall pay 847,670 won to the plaintiff and 509.

Reasons

1. Facts of recognition;

A. On November 2009, the smuggling-si entered into a loan agreement with the Defendant on the State-owned property of 4,529 square meters (hereinafter “instant real estate”) prior to the smuggling-si, the State-owned property for which the management and disposal authority was delegated by the Republic of Korea. The main contents of the loan agreement are as follows.

Article 1. The purpose of use of the leased property is agricultural landscape.

Article 2 The loan period shall be from January 1, 2009 to December 31, 2013 (five years).

Article 3 Rent shall be calculated on a yearly basis.

Provided, That in cases of land, rent shall be determined every year pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 4 Section B shall pay all the loan charges at the same time as this contract is concluded, and if the loan charges are not paid by the payment deadline, overdue charges shall be paid pursuant to Article 73 of the State Property Act.

B. The Plaintiff was established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and was entrusted by the Republic of Korea with the authority to manage and dispose of the instant real estate pursuant to Article 26 (1) 10 of the said Act, Article 42 of the State Property Act, and Article 38

C. According to Articles 32(1), 47(1), and 73 of the State Property Act, and Articles 30(1) and (2), 51, and 72(1)4 of the Enforcement Decree of the State Property Act, and Articles 2 through 4 of the above loan agreements on the instant real estate, the arrears incurred from January 1, 2009 or from March 31, 2010 to June 13, 2014, which are the payment deadline for the above loan charges, shall be as listed below, and the Plaintiff issued a payment notice on June 13, 2014 on the loan charges and late payment charges.

(1) The Defendant, on December 31, 2010, renounced all of the powers under the loan agreement on the instant real estate. The sum of the notice of payment of loan charges and late payment of overdue charges during the loan agreement period (%) is interest rate (%).

arrow