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(영문) 수원지방법원 2017.09.27 2016가단39428
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On August 1, 2012, the Defendant filed a lawsuit against the Plaintiff, C, and D seeking reimbursement of the remaining amount after deducting the amount exceeding the maximum interest rate under the Interest Limitation Act from the joint and several surety of the Plaintiff, which was leased to C, C,00,000,000 under the Plaintiff’s joint and several surety and the agreed parties thereto (U.S. District Court 2012No60479). 2) In the above case, C borrowed KRW 20,00,000 from the Defendant around August 10, 2009, and provided each real property listed in the separate list (1) as a collateral for transfer, and completed the registration of ownership transfer under the Defendant’s name as to each of the above real property, and at the same time, C filed a lawsuit claiming for the cancellation of the ownership transfer registration from C, 200,000,000 won from C, to the Defendant for the execution of the ownership transfer registration as a counterclaim of 2515.

3. In addition, in the above case, C, D borrowed KRW 30,00,00 from the Defendant on May 23, 2008, and as a collateral, D borrowed KRW 30,00,00 from the Defendant, the permanent resident registration office of the Daegu District Court was issued on May 23, 2008, with respect to each real estate listed in the attached Table (2), and C borrowed KRW 20,000,000 from the Defendant on August 10, 2009, and thereafter, C borrowed KRW 20,000 from the Defendant on May 23, 2008, offered each real estate as collateral and completed the registration of ownership transfer on each real estate listed in the attached Table 1 as collateral.

“A claim against the Defendant, alleging that the amount of the principal claim was received from C, D, and the Plaintiff, and following C, D shall perform the registration procedure for cancellation of the registration of the establishment of the neighboring real estate listed in the Schedule 2,” ② C, D, and the amount of the principal claim from the Plaintiff, and the amount of the principal claim from the Defendant C, and the amount of the said KRW 20,000,000 from the Defendant C, the security for transfer is made on the date of repayment for each real estate listed in the Schedule 1.

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