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(영문) 광주지방법원 2020.05.29 2019나54763
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

(1) On May 11, 201, the Defendant borrowed KRW 20,000,000 from C Union (hereinafter “C Union”) and lent the loan to the Plaintiff (hereinafter “first loan”).

On November 8, 2012, the Defendant took out additional loans of KRW 20,00,000 from C Union (hereinafter “second loan”) and paid KRW 8,921,421 out of the same day to the Plaintiff for the repayment of the principal and interest of the first loan (i.e., principal amount of KRW 8,907,950) (i.e., KRW 13,471). The Defendant paid KRW 8,930,000 on November 8, 2012, and lent KRW 8,930,000 on November 13, 2012 to the Plaintiff. The Defendant spent KRW 60,900, credit assessment commission, and KRW 20,000 on a second loan.

After that, the Defendant repaid the principal amount of the second loan to C.C. (=20,000,000 won) (=20,029,725 won).

(2) The Defendant filed a lawsuit against the Plaintiff seeking the payment of the unpaid amount of KRW 11,590,405 (=63,890,405 - 52,000) and the delayed payment amount of KRW 11,590,405 (=63,890,405 - 52,300,000), including the claims related to the loans of KRW 1 and 2, as shown below [Attachment 1]

(The sum of KRW 1-20,00,000, KRW 8,90,00, KRW 80,000, KRW 80,000, KRW 237,00, KRW 80,00, KRW 80,00, KRW 80,00, KRW 80,000, KRW 80,00, KRW 80,000, and the sum of credit assessment fees and KRW 80,90, and KRW 4,50,237, the Defendant asserted that the Plaintiff paid the interest of the first loan to the Plaintiff out of KRW 42,440,558,58, and KRW 237.

2 The Defendant’s loans of KRW 15,00,000 from the Dispute Resolution on May 29, 2013 and loans of KRW 14,50,000 to the Plaintiff (hereinafter “bonds”) 15,00,000,000 to the Plaintiff. The sum of KRW 14,50,000,000, and the amount of the guaranteed premiums of KRW 449,580, interest, 185,410 to the Plaintiff is 16,134.

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