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(영문) 서울남부지방법원 2020.11.13 2019가단245734
부당이득금
Text

The plaintiff's claim and the plaintiff's successor's claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff Company G Co., Ltd. and D’s loans (1) Nonparty Industrial Bank of Korea granted a total of KRW 837,000,000 to Nonparty G Co., Ltd. seven times from April 24, 2013 to May 24, 2015. Nonparty D guaranteed the above loans as the representative director.

(2) The claim for the above loans of the Industrial Bank of Korea was transferred to the Plaintiff on October 15, 2018 via Nonparty H limited liability company.

(3) The Plaintiff applied for a payment order as part of the acquisition claim amounting to KRW 350,037,975. On April 17, 2019, the Seoul Western District Court issued a payment order (hereinafter “instant payment order”) stating that “G Co., Ltd. and D shall jointly and severally pay to the Plaintiff an amount equivalent to KRW 15% per annum from October 15, 2018 to the date of full payment.” The said payment order was finalized on May 8, 2019.

(4) The principal and interest of loan claims based on the instant payment order (hereinafter “loan claims”) is KRW 112,410,958 as of August 12, 2019.

B. G Co., Ltd and Nonparty E or F I (1) G Co., Ltd. established on January 3, 1997 for the purpose of manufacturing and selling valves and winging products, and closed on March 31, 2015.

(2) While Nonparty E repeated the appointment and retirement of directors in G Co., Ltd. on July 15, 2015, Nonparty E opened business with “I” and “I” and “I” and the location of the place of business of the Seoul Guro-gu Seoul Metropolitan Government J Buildings, Khoho, type of business, valves, hosting, type of business, manufacturing, and wholesale.

(Registration Number: L. (3) On June 1, 2018, Nonparty F, the largest children of D, opened the business with the trade name on June 1, 2018 as “I” and the location of the business place as “I” and the type valve of the J building, K, and the type of the business, hosting, trade, solar manufacturing, and wholesale retail.

(Registration No. : M).

On October 17, 2017, the Defendant, the smaller child of the Defendant’s purchase of the instant apartment, as to the Guro-gu Seoul O apartment PP (hereinafter “instant apartment”) between Nonparty N and Nonparty N.

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