logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.26 2016나2022064
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

Basic Facts

On January 31, 2007, 200 12% on January 31, 2008, 200 8,000,000,000 12% on September 31, 2008, 12% on September 30, 2008, 201% on September 30, 2008, 540,000,000,000 per annum 12.5% on September 28, 2009, 201.5% on July 31, 2009, 2000,000 and 1.2% on July 31, 2009, 2000 and 12% on July 30, 2009, 207, 3000 and 12% on credit savings (hereinafter “the Credit Savings Group Co.,,, Ltd., Ltd.”).

On June 30, 2010, the Plaintiff acquired the above loans against the Promotion Savings Bank of the Human Group.

On December 31, 2010 and January 31, 2011, the Plaintiff entered into an additional credit transaction agreement with the Promotion Savings Bank with the following contents:

(A) On December 31, 2011, 201, 350,000, 12% on January 31, 2011, 31, 201, including the credit transaction agreement as described in the foregoing paragraph (a). The Promotion Savings Bank transferred each of the above loans to the Plaintiff on March 29, 201 to the Korea Asset Management Corporation, and notified the Plaintiff of the transfer of credit on the same day.

On the other hand, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by the Seoul Central District Court 2013Hahap64, and the defendant was appointed as the trustee in bankruptcy on the same day.

On September 25, 2013, the Plaintiff repaid KRW 13,784,249,810 out of the principal amount of KRW 18,182,875,723 (=interest of KRW 6,179,225,93, KRW 44,649,730), which was the sum of principal and interest accrued from each of the instant loans, to the Korea Asset Management Corporation (i.e., KRW 11,959,00,000), and was exempted from the remainder interest amount of KRW 4,398,625,918.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 6, 8, Eul evidence 1 and 10.

arrow