logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.04 2015가합517197
부당이득금
Text

The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

Basic Facts

Daejeon Mutual Savings Banks (hereinafter referred to as " Daejeon Mutual Savings Banks") are stock companies engaged in mutual credit fraternity business.

(A) On February 2, 2012, Daejeon Mutual Savings Bank filed an application for the commencement of bankruptcy proceedings with the Daejeon District Court 201Hahap1 on February 2, 2012, and was declared bankrupt by the above court on February 2, 2012, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

(A) On December 31, 2008, Daejeon Mutual Savings Bank borrowed KRW 7,533,000,000 to T Co., Ltd. (hereinafter “T”) at maturity of June 30, 2009, at 12% per annum, and at 21% per annum. On April 21, 2009, the amount of KRW 463,000,000 on July 21, 2009, at 12% per annum, and at 21% per annum.

(A) Nos. 2-1 and 2. Sales contract, etc. entered into shall enter into a sales contract with Defendant 1 through 18 to purchase each land of the subject matter in the separate sheet of claim amount stated in the separate sheet of claim amount in order to carry on the real estate construction business in a single unit, including Kimcheon-si, Kimcheon-si, etc. (Article 3-1 through 16 of the evidence of No. 3), and pay each down payment on each deposit date listed in the same sheet of claim amount.

T and Defendant E, on May 30, 2007, changed the terms and conditions of the contract to pay the remainder of KRW 200,000,000 (the initial KRW 400,000,000) (the initial KRW 1,720,000 per annum) to January 31, 2008 (the initial KRW 1,420,000 per annum) on the date of the business site agreement, and returned the down payment of KRW 200,000,000,000 paid to T on June 5, 2007 under the initial contract (the evidence No. 4-1), and returned to T on June 5, 2007, the down payment of KRW 400,000,000 received under the initial contract.

(No. 4-2) However, T did not pay the balance to Defendant E thereafter.

T and Defendant G, on May 30, 2007, the contract deposit of KRW 200,000 (the first KRW 400,000,000 per annum) as to the above contract for the above sale and purchase is changed to pay the balance of KRW 1,720,00,000 (the first KRW 1,420,00,000 per annum) to January 31, 2008 (the first KRW 1,420,000 per annum) on the date of the business site, and to the first contract for T on June 5, 2007.

arrow