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(영문) 서울북부지방법원 2015.09.09 2014가합20534
부당이득금
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 June 30, 2006, Han Bank Co., Ltd. (hereinafter “I Bank”) loaned KRW 3.2 billion to B on June 30, 2006 at the maturity of payment on June 30, 2007, and at the rate of 19% per annum, and agreed that if B delayed payment of interest, etc. for at least one month, it shall be deemed that the benefit of the above loan was lost.

B. However, due to the delinquency in payment of interest, etc. for more than one month, B lost the benefit of the lending obligation. As of April 18, 2008, as of April 18, 2008, the above loan principal amount of KRW 3,169,085,429 and its interest and delay damages amount of KRW 466,221,046 remain unpaid.

C. On June 27, 2008, the Han Bank transferred the above loan principal and interest claim against the KSB to the Korea ESB Specialized Company, and notified B of the purport of the assignment of claim on June 30, 2008. The above notification reached B around that time.

On September 23, 2011, 201, the Korea Es.S. Limited Company specialized in S. S. B transferred the above loan principal and interest to C. B, and notified B of the purport of the assignment of claims on October 14, 201, and the above notification reached B around that time.

On November 27, 2013, 2013, Sable Partners Loans Co., Ltd. transferred the above loan principal and interest to the Plaintiff. On December 30, 2013, the Plaintiff was delegated with the authority to notify the transfer to B and notified the purport of the assignment to B. The above notification reached B around that time.

On July 23, 1993, the defendant married with B, and on March 27, 2004, purchased from C, the Dongjak-gu Seoul Metropolitan Government (hereinafter "the apartment of this case") 111 Dong 1401, 1401 (hereinafter "the apartment of this case") the price of KRW 364 million (hereinafter "the sales contract of this case"), and completed the registration of ownership transfer on March 29, 2004.

E. B is in the absence of self-sufficiency as of the date of the closing of the instant argument.

【Legal basis for recognition】

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