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(영문) 수원지방법원 2018.11.14 2018가합12417
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 577,131,235 and the interest rate of KRW 15% per annum from January 13, 2018 to the date of full payment.

Reasons

Basic Facts

In 2008, the Defendant entered the “C church” like the Plaintiff, which became aware of through the introduction of a branch, and formed a mutual trust relationship with the Plaintiff.

1. On June 17, 2010, the Defendant made a false statement to the effect that “The Defendant operates the transformation period renovation project from Gangseo-gun D to E, a stock company. It can make a big profit from the said project. Therefore, it is possible to establish a collateral mortgage on the Plaintiff’s apartment. On the other hand, KRW 85,00,000 out of the borrowed money as collateral, used to repay the Plaintiff’s obligation, and repaid the remainder within six months.”

However, the Defendant, as a bad credit holder at the time, was unable to engage in money transactions in the name of the Defendant. On November 20, 2009, the Defendant paid KRW 50,000,000 for the purchase price of Gyeonggi-gun G, 3,667 meters in the name of the Defendant Company F, which was purchased under the name of the Defendant Company F, and the down payment of KRW 3,600,000 for the purchase price of KRW 3,60,000 for the purchase price, and around February 9, 2010 for the loan of KRW 2,450,000 for the above land as security from the second financial right and paid KRW 1,450,00 for the remainder as an intermediate payment, and around April 27, 2010 for the above land, the Defendant had already set up an excessive collateral amount of KRW 80,00,000 for the third party.

Nevertheless, around June 17, 2010, the Defendant had the Plaintiff set up the right to collateral security of KRW 787,200,000 with the obligee as the Hansung Property Insurance Co., Ltd., and extended approximately KRW 660,000 among them, 85,00,000 among them were used to repay the Plaintiff’s loans to the Plaintiff’s Bank, and the remaining KRW 572,131,235 was remitted to the NAC (H) account operated by the Defendant.

Accordingly, the defendant was granted property amounting to KRW 572,131,235 by deceiving the plaintiff.

2. The Defendant on September 2, 2010

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