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(영문) 서울중앙지방법원 2015.11.25 2013가합11336
부당이득금반환
Text

1. Defendant B’s KRW 126,978,046 as well as 6% per annum from February 13, 2013 to November 25, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company aimed at the operation of a private teaching institute and the franchise business of a private teaching institute, and E is to acquire the above company:

A person who borrowed money from the Plaintiff and Defendant B as described in the paragraph, and thereafter became the representative director of the said company from October 5, 2007.

B. On October 5, 2007, E borrowed KRW 1,030,00,00 from Defendant B, and KRW 400,000,00 from the Plaintiff (hereinafter “instant loan agreement”) and paid KRW 17,00,000,00 from the said money as the introduction expense to F.

C. On November 23, 2007, D assumed all of the obligations of the above E with the discharge of liability, E jointly and severally guaranteed the above obligation, and Defendant B, the creditor, accepted the above obligation acquisition.

D paid 64,825,175 won to Defendant B on January 10, 2008, 273,795,000 won on March 13, 2008, and 847,000,000 won on May 15, 2008 as repayment of interest or principal.

E. D’s advance interest paid to Defendant B in excess of 30% per annum, which is the maximum interest rate under the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter the same shall apply) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter “former Provisions”) and the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter the “former Provisions”), and the amount of unjust enrichment returned out of the charges, and the claim amount in excess of 204,00,000 out of the claim amount, and its delay damages, the Plaintiff received the assignment order of claims and assignment order (hereinafter “instant assignment order”).

. The above decision.

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