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(영문) 서울중앙지방법원 2014.07.04 2013가합80493
부당이득 반환
Text

1. The Defendant’s KRW 539,383,634 as well as the Plaintiff’s annual rate of 5% from December 4, 2013 to July 4, 2014.

Reasons

1. Basic facts

A. On June 12, 2009, the Defendant entered into a credit transaction agreement (hereinafter “the first credit transaction agreement”) with B Co., Ltd. (hereinafter “B”) and implemented the credit transaction agreement (hereinafter “the first credit transaction agreement”) by setting the maximum debt amount of KRW 4.5 billion on June 10, 201, the expiration date of the credit period at KRW 3.23% per annum, and at least 21% per annum. The Defendant completed the registration of the establishment of a mortgage (hereinafter “first collateral security agreement”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on June 7, 2009, with the maximum debt amount of KRW 5.5 billion on June 7, 2009.

C. On June 30, 2009, the Defendant entered into a credit transaction agreement (hereinafter “the second credit transaction agreement”) with B by stipulating “450 million won for credit, interest rate of 7.5% per annum on December 30, 2009, fixed interest rate of 7.5% per annum, and damages for delay at the highest rate of 17.5% per annum,” and implemented credit. D. On August 9, 2007, the Plaintiff entered into a credit transaction agreement with B with respect to each of the instant real estate listed in attached Table 4 as “security deposit of 1.5 billion won, monthly rent of 40 million won, and period of lease from September 23, 2007 to September 22, 2008” (hereinafter “the instant lease agreement”). The Plaintiff set the maximum debt amount of each of the instant real estate as KRW 1.5 billion (hereinafter “the maximum debt amount”).

E. Each of the instant real property was sold to a third party at the voluntary auction procedure commenced by the Defendant’s request thereafter, and the auction court distributed the proceeds of the sale to a third party on September 28, 2010 as follows.

The plaintiff 2, defendant 5,829,51,450,681,450 25,681,681,450,4501,450 100% of the dividends of the priority creditor 2, defendant 5,829,516,655,850,000 5,829,665,850,000 5,829,516,6565,3.

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