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(영문) 인천지방법원 2016.01.12 2015나53544
부당이득금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 4, 2008, C, the Plaintiff’s birth, issued one promissory note with a face value of KRW 97 million, the issuer, and the due date of November 4, 2009, one promissory note with a face value of KRW 60 million on December 22, 2009, and one promissory note with the Plaintiff as the issuer, and delivered to D, respectively. The Plaintiff’s birth is acting as the Plaintiff’s agent, and D shall make and deliver to D a notarial deed with respect to each of the said promissory notes (hereinafter “each of the instant notarial deeds”), but only the notarial deed with respect to the promissory notes as of December 22, 2009 was written and written.

B. D transferred claims based on each of the instant notarial deeds to the Defendant on June 17, 201, and notified the Plaintiff of the assignment of claims. On July 8, 2011, the Defendant received a compulsory decision to commence compulsory auction as Ansan Branch E with respect to each of the instant notarial deeds owned by the Plaintiff (hereinafter “each of the instant notarial deeds”).

C. On July 201, in order to suspend the auction procedure with respect to each of the instant real estate, the Plaintiff agreed with the Defendant and drafted a letter of commitment (hereinafter “instant letter of commitment”) as follows.

- - Pophers -

1. To prepare a cash loan contract and a document establishing a mortgage prior to withdrawal of the case of compulsory auction as of July 19, 2011; and

Provided, however, the date of a monetary loan agreement and the amount of the loan and the amount of the maximum debt, and the amount of the loan shall be in blank. The second financial right, etc. under paragraph (2) below, as the date of borrowing from the money loan agreement and the document establishing the right to collateral security, and the following amount under paragraph (3) shall be deemed as the maximum debt amount of the loan agreement and the document establishing the right to collateral security, and you agree without any objection to registering the establishment of the right to collateral security (hereinafter referred to as the "defendant").

1,500,000 won for creation of the collateral security shall be borne by the principal (hereinafter referred to as the “Plaintiff”).

2. From July 18, 201 to July 22, 2011.

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