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(영문) 부산지방법원 2013.10.31 2013가합327
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the full amount of KRW 181,496,158 and the full payment from July 12, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On September 24, 2010, the Defendant prepared and delivered a certificate of borrowing KRW 60,000,000 from the Plaintiff on a monthly basis (payment on September 17, 201) and on September 28, 2010 (hereinafter “the first loan”). B. On May 7, 2012, the Defendant agreed to set up a collateral security right on the Plaintiff with respect to the land owned by the Defendant (hereinafter “the second loan”) at KRW 200,000 from the Plaintiff on May 7, 2012, interest rate of KRW 200,000,000 from the Plaintiff, and six months after the Defendant’s divorce litigation and legal issues and tax results were terminated (hereinafter “the second loan”).

C. On July 27, 2012, the Defendant completed F’s provisional registration of the right to claim transfer of ownership with respect to the land C, and F on August 10, 2012, the same year regarding the said land.

7.27. The registration of ownership transfer in its name shall be completed by reason of sale.

On July 23, 2012, the Defendant completed the registration of the right to claim a transfer of all equity in relation to the land E on July 24, 2012 to the KNN Co., Ltd. (hereinafter “KN”), and completed the registration of the right to claim a transfer of all equity in relation to the land E. D.

The Defendant was using the Plaintiff’s deposit account in the name of friendly G workers. On December 20, 2010, the Plaintiff withdrawn KRW 78,503,842 from the said account.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 3 (including each number; hereinafter the same shall apply), the fact inquiry results against Busan Bank, the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. According to the above facts finding as to a loan claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 181,496,158, and damages for delay thereof, which deducts KRW 78,503,842 from the total amount of KRW 1,260,00,000 from the total amount of KRW 78,50,000.

B. The defendant's assertion and the claim for return of unjust enrichment are asserted by the defendant.

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