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(영문) 서울중앙지방법원 2016.04.01 2015가합522458
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 31, 2007, 200 12% on January 31, 2008, 200 8,000,000,000 12% on September 31, 2008, 12% on September 30, 2008, 201% on September 30, 2008, 540,000,000,000 per annum 12.5% on September 28, 2009, 201.5% on July 31, 2009, 2000,000 and 1.2% on July 31, 2009, 2000 and 12% on July 30, 2009, 207, 3000 and 12% on credit savings (hereinafter “the Credit Savings Group Co.,,, Ltd., Ltd.”).

On June 30, 2010, the Plaintiff acquired the above loans against the Promotion Savings Bank of the Human Group.

On December 31, 2010 and January 31, 2011, the Plaintiff entered into an additional credit transaction agreement with the Promotion Savings Bank with the following contents:

(A) On December 31, 2011, 201, 350,000,000 on January 31, 2011, 201, including the credit transaction agreement described in paragraph (a) above, the Promotion Savings Bank transferred each of the above loans to the Plaintiff to the Korea Asset Management Corporation on March 29, 201, and notified the Plaintiff of the fact of the transfer of bonds on the same day.

On the other hand, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by the Seoul Central District Court 2013Hahap64, and the defendant was appointed as the trustee in bankruptcy on the same day.

On September 25, 2013, the Plaintiff repaid KRW 13,784,249,810 of the principal and interest accrued from each of the instant loans to the Korea Asset Management Corporation (i.e., KRW 18,182,875,723 of the principal and interest accrued from each of the instant loans (i.e., KRW 11,959,00,000 of the principal and interest accrued from KRW 6,179,225,993 of the principal, KRW 44,649,730), and was exempted from the remainder interest.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 6, 8, Eul evidence 1 and 10.

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