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(영문) 인천지방법원부천지원 2016.09.02 2016가합100545
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was a company that runs real estate rental sales business, and around 2005, a business that takes over and sells mobile commercial buildings in E, an aggregate building of 10 floors above the second ground floor location D located in Nam-gu Incheon Metropolitan City, Nam-gu, 2005.

B. On November 2, 2005, Defendant Korea Capital Co., Ltd. (hereinafter “Defendant Korea Capital”) entered into a loan agreement with C Co., Ltd. with a limit of KRW 3.6 billion per annum, interest rate of KRW 8.5% per annum, and two-year loan period of KRW 3.6 billion per annum, and jointly and severally guaranteed the above loan obligations by C&D consulting, F and G.

C. On the same day, C Company completed the registration of creation of a mortgage over KRW 4.68 billion with respect to the 216 units of the above commercial building (hereinafter “instant commercial building”) on the part of Defendant Korean Capital Capital, as a security for the above loan obligation, and around that time, it received KRW 2.2 billion from Defendant Korean Capital as it provided only 216 units of the commercial building as security.

On the other hand, through F on November 28, 2005, the Plaintiff entered into a sales contract with C company with regard to “3rd floor 119” among the instant commercial buildings, and completed the registration of ownership transfer on November 29, 2005.

E. Around February 2007, some of the persons, including the Plaintiff, who purchased a commercial building on which the right to collateral security was established from C companies, constituted the 'Investors Council', and the Plaintiff was elected as the representative of the above group.

F. Around May 2007, the Plaintiff sought a postponement of the auction procedure by finding out Defendant B, who had been working in the claim management department of Defendant Korean Capital Capital Capital, in order to proceed with the auction procedure based on the right to collateral security against the instant commercial building, and requested the postponement of the auction procedure. Defendant B responded to the following: (a) “Around May 2007, Defendant B may postpone the auction procedure for a period of three months if the loan amounting to KRW 420 million is deposited in the account of Defendant Korean Capital Capital.”

G. Accordingly, the Plaintiff is the Defendant on May 14, 2007.

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