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(영문) 청주지방법원제천지원 2019.06.26 2018가단21704
부당이득금
Text

1. As to the Plaintiff A, Defendant C, D, and E, KRW 10,582,357, and Defendant F, KRW 2,886,098, and each of the said money, Defendant C.

Reasons

1. Basic facts

A. The Defendants’ claim-related facts 1) On May 8, 1994, H leased KRW 30,000,000 to I as interest rate of KRW 2% and due date of repayment on December 30, 1994. H is deemed to be “J land before division” in order to secure the above claim.

(1) As to the mortgage, etc., the registration of the establishment of a new mortgage (hereinafter “mortgage 1”) was completed, which is the maximum amount of the claim KRW 40,000,000, and the debtor I and the mortgagee H, which is the “mortgage 1”)

2) On August 30, 1997, I and K (I’s wife) drafted a letter of cash payment stating that “34,860,000 won in cash is borrowed from H and L (the husband of H) as of August 30, 1997 and the said money is paid on December 30, 2009.”

The lower part of the cash misappropriation is indicated as “the restoration work cost” at the lower part of the right.

3) On November 5, 1998, I and K have written a payment note to L and M that “20,000,000 won shall be borrowed as of November 5, 1998, and the interest rate shall be set at 2% per month, and the due date shall be set at July 5, 1999. 4) I shall pay L a monthly interest payment note to L on May 17, 2001 that “the interest on the amount borrowed to L shall be paid in 1,00,000 won.”

5) On September 9, 2014, H died on September 9, 2014, and the bereaved family was the husband of L, C, D, and E (Defendant F is not the child of H).

(B) L died on September 26, 2014, and the bereaved family members were the Defendants, who were their children. (B) The Plaintiff’s claim-related facts 1) the J land before partition is the land of the JJ on September 1995, 195, i.e., J land and NJ land 1,263 square meters or less after subdivision.

was divided as follows.

O completed the registration of ownership transfer on September 23, 1995 on each of the above lands.

P on June 28, 1997, the amount of KRW 13,500,00 was determined and lent to K on 2% of interest per month and July 17, 1997.

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