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(영문) 서울남부지방법원 2017.09.22 2017나51295
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted that D’s reimbursement of KRW 29 million was made on behalf of C on behalf of C, and then D transferred the right to collateral security in the name of D with respect to the real estate owned by C. The Defendant, in collusion with C, induced D and completed the registration of collateral security in the name of C, thereby causing damage equivalent to KRW 35 million, which is the maximum debt amount of the said right.

Therefore, the defendant is liable for damages to the plaintiff.

2. According to the evidence No. 1, No. 2, No. 3-4 of loan No. 3, and witness evidence and the whole purport of the pleading, D, on June 15, 2007, established the 401 multi-household house No. 35 million won (hereinafter “instant real estate”) with respect to the above loan No. 1, No. 2, No. 3, and No. 29 million won (hereinafter “instant loan”) with respect to the above loan No. 1, No. 3, No. 2, and No. 3, No. 1, and No. 4 of the witness evidence No. 3, and the whole purport of the pleading, D, which were issued with respect to the above loan No. 2, No. 2000,000 won under the name of the debtor, No. 1,500,000 won, and the account No. 3,500,000 won under the name of the debtor, No. 3,500,06.

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