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(영문) 서울중앙지방법원 2018.10.12 2017가단5139834 (1)
부당이득금
Text

1. Defendant A shall pay to the Plaintiff KRW 140,350,000 and the interest rate of KRW 15% per annum from September 30, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s Claims Cheong Bank extended a total of 28.3 billion won to C on six occasions under the joint and several guarantee of D, a private owner of C, etc., as listed below.

C In the event that a company, for which five years have passed after the last registration of its head office, makes an official announcement in the Official Gazette that the company has not yet discontinued its business in the court having jurisdiction over the seat of its head office, and fails to make a report as prescribed by the Presidential Decree within two months after the last registration of its head office, as prescribed by the Presidential Decree, within two months after the last registration of its head office is announced in the Official Gazette, the company shall be deemed to have been dissolved at the time of the expiration of the reporting period.

However, this provision shall not apply to the company which has registered within that period.

(2) The registration of dissolution has been made.

On September 18, 2012, each of the above loans against Chungcheong Bank C, via the Korea Asset Management Corporation, the KND Investment Fund Board, the cambastmpia Limited Company, and the Korea Asset Management Corporation, were successively transferred to the Plaintiff on September 18, 2012. The details of the principal and interest of the loans are as listed in the table below.

B. C’s transfer of the right to use the instant real estate to the Defendants 1) C is a representative director as of March 1, 1999, and C’s transfer of the right to use the instant real estate by December 31, 200 to the retired from office on December 31, 200.

1. The right to use and benefit from the recorded real estate (hereinafter “instant 1 real estate”) was transferred.

Defendant A was paid the lease deposit and rent by leasing the instant 1 real estate as indicated in the following table in the form of representing C thereafter.

E CF G H I J I J 2C List

2. The indicated real estate (hereinafter “instant real estate”) was owned by Defendant B, who was on October 2010.

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