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(영문) 부산고등법원(창원) 2016.11.10 2016나21721
부당이득금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a comprehensive financial corporation specializing in credit finance established for the purpose of leasing a facility business and leasing a leased object. B is a person who registered his/her business with the trade name “D” and engaged in the manufacturing business in Kimhae-si C (Saim-si J; hereinafter “instant place”).

B. On November 29, 2013, the Plaintiff concluded a facility lease agreement (hereinafter “instant lease agreement”) with respect to E and the machines listed below (hereinafter “the instant machines”) that were engaged in the lubrication retail business, etc. under the trade name of “I,” respectively, with regard to the storage place “Gimhae C,” “175,000,000 won,” “175,000,000 won,” “36 months,” “36 months,” “4,240,430 won,” respectively.

At the time, E'I's business chain was registered as the place of this case.

Serial No. 1 CNC TNL-80V2 1800029 12 MCT M-V70B J628 13 CNC Line PMA10S PMA10S PM656 (380096) 1

C. B and the Defendant, on February 13, 2014, entrusted a notary public to a Changwon Law Firm by entrusting KRW 77,500,000 on February 13, 2014, to the Changwon Law Firm, and leased KRW 39% per annum on March 13, 2014, and at the interest rate of KRW 39% per annum. B, for the purpose of securing the performance of the above loan obligation, for the purpose of securing the performance of the above loan obligation, the said title Nos. 1, 3, 18029 (hereinafter “this case’s vertical learning”) and one CNC Line (PM10S656) (hereinafter “CNC Line”), the said notary public assigned a notarial deed by possession and amendment, and without delay, the said loan obligation was not subject to compulsory execution, and even if the said loan obligation was not performed, the said notary public prepared a notarial deed of KRW 2014 (hereinafter “No. 204”).

On May 14, 2014, the Defendant: (a) made the instant notarial deed as an executive title; and (b) made the said deed as the Changwon District Court 2014No1416.

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