logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.07 2015가단48586
부당이득금반환
Text

1. Defendant C’s KRW 80,000,000 as well as 5% per annum from April 23, 2014 to December 12, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 28, 2013, the Plaintiff engaged in machinery installment financing business or lease business, and entered into a lease agreement with a more Blols Co., Ltd. (hereinafter “Nonindicted Company”) under which the lease term is 48 months, monthly rent is 48 months, monthly rent is 4,148,124, and monthly rent is 3,691,220 won, respectively, and is leased to the Nonparty Company (hereinafter “the lease agreement of this case”).

B. At the time of entering into the instant lease agreement, the Plaintiff and the Nonparty Company agreed to return each of the instant movable property to the Plaintiff when the said lease agreement is terminated as the non-party company’s nonperformance.

C. From around that time, the non-party company installed and used each of the presses of this case on the 4th lux 10 Plux Donnam-nam Industrial Complex, Seosung-si, Seosung-si, a place of business. The non-party company delayed to pay the lease fee to the plaintiff.

On April 24, 2014, the Plaintiff notified the non-party company that the instant lease agreement was terminated and that subsequent lease obligation amounted to KRW 131,906,872.

On November 27, 2013, Defendant C borrowed money from Defendant B and deposited KRW 44,00,000 in the account of D Co., Ltd. (hereinafter “D”), and deposited KRW 50,00,000 in the D account on December 13, 2013 by borrowing money from Defendant A.

On March 21, 2014, in order to secure a loan of KRW 60,00,000 for a debtor D and a creditor A, a notarial deed (No. 270, 2014, an notarial joint office document prepared by E notary public No. 2014) on each press column 1 and 4 in each press column of this case was drawn up. On the same day, in order to secure a loan of KRW 54,30,000 for a debtor D and a creditor as Defendant B, each press column 2 and 3 in each press column of this case is set up.

arrow