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(영문) 창원지방법원밀양지원 2016.07.06 2016가단679
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from February 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 30, 2009, the Plaintiff filed a claim against the Defendant for the payment of KRW 51,000,000,000, which was already paid on the ground that the Defendant did not have any obligation to repay the loan amount of KRW 51,00,000, even though there was no obligation to repay the loan amount of KRW 200,571 with the Changwon District Court, and the Defendant raised an objection against the above payment order.

B. According to the Defendant’s objection against the payment order, the above case of applying for the payment order was executed as the lawsuit by the Changwon District Court 2009Kadan4390. While the above lawsuit was pending, the Defendant filed a counterclaim against the Plaintiff against the Plaintiff, claiming for the principal and interest on the unpaid loan amount of KRW 72,483,158 and damages for delay amount of KRW 41,246,000, out of the amount borrowed to the Plaintiff, as the court 2010Kadan1021.

(hereinafter the principal lawsuit and counterclaim collectively referred to as “instant previous lawsuit”). C.

On January 20, 201, the Changwon District Court rendered a judgment that “the Plaintiff shall pay KRW 41,246,000 to the Defendant and delay damages therefor. The Plaintiff’s principal claim and the remainder of the Defendant’s counterclaim may be dismissed.” The Plaintiff appealed against this judgment and filed an appeal with the Changwon District Court 201Na1853 (principal claim) and 1860 (Counterclaim).

On October 30, 2013, the Changwon District Court rendered a judgment on the Plaintiff’s appeal that “The part relating to the principal lawsuit in the judgment of the first instance shall be revoked, and the Defendant shall pay the Plaintiff KRW 51,00,000 and damages for delay thereof. Of the judgment of the first instance, the part against the Plaintiff regarding the counterclaim in the judgment of the first instance shall be revoked, and the Defendant’s counterclaim claim shall be dismissed corresponding to the revoked part.” The Defendant, who is dissatisfied with it, filed an appeal with the Supreme Court Decision 2013Da94596 and 94602 (Counterclaim).

E. On February 27, 2014, the Supreme Court dismissed the Defendant’s appeal, and the judgment of the appellate court on the instant previous suit became final and conclusive as it is.

F. Meanwhile, the real estate owned by the Plaintiff is an object.

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