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(영문) 춘천지방법원원주지원 2016.01.21 2015가단31109
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. The plaintiff's assertion

A. On November 30, 2007, the Plaintiff operated “D” operated by the Defendants is Defendant B, and Defendant C seems to have actually lent money to the Plaintiff.

Accordingly, the name of document, such as the name of the mortgagee, was Defendant B, but the payment of money was made to Defendant C.

On June 30, 2008, interest rate of KRW 100,000 was set as 2% per month, and on June 30, 2008, the repayment period was set as 130,000,000,000 and the registration of establishment of mortgage for Defendant B, the mortgagee, as security for the above loan debt, was completed with respect to the maximum debt amount of KRW 131,00,000,000 and the maximum debt amount of KRW 271

B. The Plaintiff repaid 123,400,000 won over 18 times until August 16, 2011, including the repayment of KRW 20,000,000 on March 14, 209, and repaid all the principal and interest on the said borrowed amount.

The Plaintiff, as the evidence of the above repayment, received a written confirmation from Defendant C (No. 7).

C. The Defendants, as above, filed an application for the auction of real estate with the Suwon District Court, on the said land, despite the Plaintiff’s payment of KRW 123,40,000,000 for the total amount of the principal and interest of KRW 123,40,000,00,000, and the registration of the establishment of a mortgage was completed with respect to KRW 271,000,000 for the said land.

The Defendants urged the Plaintiff to pay additional KRW 130,000,000 to the Plaintiff while conducting an auction as above. On November 7, 2011, the Plaintiff requested G to transfer KRW 130,000,000 to Defendant B.

After that, Defendant B applied for the cancellation of the above real estate auction case, and the decision of revocation of auction was made on November 11, 201.

Since then, the Plaintiff repaid G KRW 90,000,000 on August 30, 2012, and KRW 48,000,000 on September 24, 2012.

As such, even if the Plaintiff received full repayment of the principal and interest of KRW 100,000,000 borrowed from the Defendants on November 30, 2007, the Defendants additionally KRW 130,000 from the Plaintiff on November 7, 201.

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