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(영문) 부산지방법원 2019.09.04 2017나58984
부당이득금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2002, on September 16, 2002, between the Plaintiff and the Defendant (G Cooperatives changed from April 11, 201 to the current trade name) on September 16, 2002, the registration of creation of a collateral for KRW 60 million in the name of the Defendant was completed with respect to the Plaintiff’s H land and above-ground building owned by the Plaintiff. On the same day, the Defendant C Cooperatives’s loan of KRW 50 million in the name of the Plaintiff (hereinafter “instant loan”).

(2) The loan was deposited into the account in the name of the Plaintiff (Account Number: D; hereinafter “instant account”) and was immediately deposited and immediately withdrawn.

B. On September 16, 2002, loan (1) between the Plaintiff and the Defendant on September 16, 2002, the registration of creation of a mortgage consisting of the maximum debt amount of the Defendant’s title 60 million with respect to the I and the above ground buildings owned by the Plaintiff on September 16, 2002, was completed. On the same day, a loan of KRW 50 million in the name of the Plaintiff (hereinafter “instant second loan”) was implemented in the name of the Defendant C Union as security.

(2) On the same day, the above loan was deposited into the account in the name of the Plaintiff (Account Number:J) and was immediately deposited after the transfer to the account of this case.

(i) Two loans (total KRW 100,000,000) as collateral for real estate in the Plaintiff’s name were simultaneously carried out on September 16, 2002 and deposited or transferred to the instant account, and immediately deposited in full KRW 100,000,000.

On December 28, 2001, a credit loan of KRW 20 million was implemented between the Plaintiff and the Defendant on December 28, 2001 (hereinafter “instant third loan”).

(2) The above loan was deposited in the account (Account Number:J) in the name of the Plaintiff on the same day, and was transferred to the account of this case, and was immediately withdrawn.

In addition, from the account of this case, KRW 11 million was deposited on February 7, 2002, KRW 20 million on the 14th of the same month, and KRW 10 million on the 18th of the same month, and KRW 41 million in total on the 18th of the same month.

[Grounds for recognition] Gap 1, 7, and .

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