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(영문) 서울동부지방법원 2018.02.08 2016가단29020
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 22, 2006, the Plaintiff offered as security the Defendant, Songpa-gu Seoul Metropolitan Government 106 Dong 708 (hereinafter “instant real estate”) and owned by B, Songpa-gu, Seoul, as well as KRW 825,00,000 from the Defendant.

B. The Plaintiff paid only interest by December 18, 2010, and did not thereafter pay the principal and interest of interest, thereby losing the benefit of time around June 28, 2012.

Accordingly, around April 16, 2013, the Defendant received a voluntary decision to commence the auction of the instant real estate as D from this court.

In addition, the Defendant was issued a collection order (the requested amount KRW 352,975,342) with respect to the Plaintiff’s wage claim by designating the Plaintiff as the debtor and designating the Korea Sclick Bank working for the Plaintiff as the third debtor, and issued a collection order (the requested amount KRW 1,185,264,754) with respect to the Plaintiff’s wage claim on May 27, 2013, and the claim seizure and collection order (the requested amount KRW 352,975,342) with respect to the claim of this Court dated November 6, 2013.

C. The instant real estate was sold at the above auction procedure around January 2014, and the Defendant received dividends of KRW 658,428,380 from the date of distribution on March 28, 2014.

In addition, the defendant received part of the plaintiff's benefit through the seizure and collection order of each of the above claims.

Accordingly, as of January 26, 2016, the Plaintiff’s obligation against the Defendant was KRW 81,143,060, overdue interest amounting to KRW 848,836,489, totaling KRW 929,979 (= KRW 81,143,060) and KRW 848,836,489.

On February 2, 2016, the Plaintiff and the Defendant agreed to reduce the Plaintiff’s remaining debt amounting to KRW 86,143,060,000,000, which added the said loan principal to KRW 81,143,060, and to extinguish all of the remaining debt by exempting it from the other debt.

(hereinafter “instant agreement”). However, the Plaintiff did not pay the amount under the instant agreement.

E. On November 2015, the Plaintiff filed an application for special retirement and retired from the bank around that time, and the bank was the Defendant, E, and F.

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