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(영문) 수원지방법원 안산지원 2017.04.21 2016가단12892
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 8, 2004, the Plaintiff entered into an agreement with D on April 8, 2004, setting the maximum loan amount of KRW 100 million, and the maturity date of the agreement (the automatic extension on a yearly basis until the maturity date of the agreement; hereinafter “instant loan agreement”) with D to use the right to collateral (the maximum debt amount of KRW 65,00,000 as of October 11, 2002, and the right to collateral (the maximum debt amount of KRW 65,00,000 as of December 12, 2003), and D to additionally set the right to collateral (the right to collateral) with respect to the said real estate at KRW 39,00,000 as to the Plaintiff on April 7, 2004.

B. D obtained a loan from Daewoo Capital Co., Ltd. and repaid the loan under the instant loan agreement to the Plaintiff (hereinafter “instant loan”). On August 28, 2007, the Plaintiff cancelled the registration of establishment of each of the above neighboring areas to the Defendant on August 28, 2007.

D on August 28, 2007, the registration of the establishment of a mortgage with a maximum debt amount of KRW 202,80,000 against the above real estate was completed to Daewoo Capital Co., Ltd.

C. D, from August 29, 2007 to April 6, 2009, withdrawn KRW 101,347,685 in total over several times from August 29, 2007.

D Of the above withdrawals, 11,456,39 won in total to Defendant A who is one’s own wife, 16,950,999 won in total to Defendant C who is his child, and 25,90,000 won in total to Defendant B who is his child.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 7 (including virtual number), Gap 10's entries and the purport of whole pleadings

2. The instant loan agreement between the Plaintiff and D was terminated on August 28, 2007 due to the Plaintiff’s assertion D’s repayment of this case and the cancellation of the registration of the establishment of a mortgage in the name of the Plaintiff.

D The loan agreement of this case should no longer be used for the Muss account linked to the loan agreement of this case, but it is possible to realize that the Muss account was not closed on the electronic basis. From August 29, 2007 to April 6, 2009, it is necessary to say that the Muss account was not closed on the electronic basis.

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