(영문) 대구지방법원 2016.10.27 2015가합207413

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(영문) 대구지방법원 2016.10.27 2015가합207413

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person running gold-type manufacturing business under the trade name of "C", and the defendant is a representative director of the non-party D Co., Ltd. and the non-party F who was a real representative of the non-party E Co., Ltd.

B. On April 4, 2011, the Plaintiff provided the Plaintiff’s representative director F with an open space of KRW 50,000,000 and leased KRW 150,000,000 to F and lent it to the account designated by F (a deposit account: Co., Ltd. D and deposit account: NACF).

C. After July 26, 2012, the Plaintiff: (a) paid to the Plaintiff KRW 200,000,000 with respect to the above loan by August 1, 2014; and (b) drafted a notarial deed with the effect that F and E are joint and several sureties (No. 2206).

Meanwhile, on the other hand, on June 1, 2012, E transferred the ownership of Nonparty I, the F’s wife, 1.8 tons of the assets owned by it (hereinafter “instant automobile”). On the other hand, the Plaintiff filed a lawsuit against I for the revocation of a fraudulent act against the said automobile sales contract, and revoked the said sales contract on November 27, 2011, and I was sentenced to the Plaintiff to the effect that I would comply with the procedure for the cancellation of the ownership transfer registration (Seoul District Court Seog District Court Branch Decision 2013Gadan26597, hereinafter “the revocation of the instant fraudulent act”). The said judgment became final and conclusive on December 18, 2013.

E. On December 4, 2013, immediately after the judgment on revocation of the instant fraudulent act was rendered, I created a mortgage of KRW 60,000,000 on the instant motor vehicle by the mortgagee Nonparty Dongyang Life Insurance Co., Ltd., the debtor, the defendant, and the claim value (hereinafter “instant mortgage”).

【Ground for recognition】 The fact that there is no dispute, Gap's evidence 2, 4, and 5, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff's assertion that the defendant is the plaintiff I.

유사 판례

-대구지방법원 2016.10.27.선고 2015가합207413 판결

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