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(영문) 서울동부지방법원 2019.05.10 2018나29254
부당이득금
Text

1. Upon the Plaintiff’s primary claim added by this court, the court shall:

A. Defendant C shall be KRW 119,250,000 and this shall apply.

Reasons

1. On January 13, 2015, 13, 2015, the payee’s amount secured vehicle E (Defendant C’s wife) KRW 30,000,000 (AidiA73.0) owner G (State) owner on January 16, 2015, E 47,400,000 (HWS250) owner on February 5, 2015, E 41,850,000 J (AidiS5) owner K (State) owner on February 14, 2015, KRW 37,800,000 (Dimer) owner on February 14, 2015

A. As indicated in the table Nos. 1 through 3 below, the Plaintiff: (a) provided the Defendant C with so-called loan vehicle owner or lessee’s related documents such as vehicle delivery and ownership; and (b) did not repay the loan after obtaining the loan to the creditor; (c) provided the same to a third party; and (d) leased KRW 119,250,000 in total after obtaining the vehicle offered for the loan to be carried out by the creditor to collect the initial loan by receiving the loan from a third party; and (d) lent KRW 37,80,000 after receiving the loan as security as listed in the table Nos. 4 below; and (e) borrowed KRW 10% interest per month from the Defendants as to each of the above loans.

B. The above vehicles are current condition between the owner of the vehicle and the owner of the vehicle.

C. D died on September 24, 2016, and her mother, the Plaintiff solely succeeded D.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the primary cause of claim, Defendant C is obligated to pay the Plaintiff the amount of KRW 119,250,000 (i.e., KRW 30,000,000, KRW 41,850,000) and the damages for delay calculated at the rate of KRW 15% per annum within the maximum of 25% per annum, which is the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) from March 31, 2017 sought by each Plaintiff to the day of full payment.

(b).

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