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(영문) 서울중앙지방법원 2020.10.15 2020가단5019817
부당이득금
Text

1. The defendant shall pay to the plaintiff KRW 162,538,939 as well as 5% per annum from January 20, 2020 to October 15, 2020.

Reasons

1. Basic facts

A. On March 10, 2009, the Defendant and C entered into a loan for consumption with the content that the Defendant shall lend KRW 250,000,000 to C, but the repayment date shall be March 10, 2010 and the interest shall be 36% per annum, and the interest shall be paid at 36% per annum.

On March 11, 2009, the Defendant remitted 240,000 won, which is the remainder after deducting 10,000,000 won as prior interest from loans 250,000,000 to C.

B. C began to delay the payment of interest from November 2012, when the interest was paid to the Defendant on the tenth day of each month.

When the overdue interest rate was 22,50,000 won (i.e., interest rate of 3% per month 7,500,000 x three months x three months), C and the Defendant agreed to change the loan amount of 272,50,000 won on January 10, 2013 (interest rate of 22,50,500,000 won previous loan interest rate of 22,50,000), January 10, 2014, and interest rate of 24% per annum (deposit on January 10, 201).

C. Meanwhile, C paid KRW 31,00,000,000 to the Defendant on April 10, 2009 with the principal and interest of the instant lending obligation, and from around that time to March 19, 2013, “amount of repayment” in the attached table of performance appropriation from around the time to March 19, 2013 was paid in total as KRW 331,00,000.

The Defendant applied for a compulsory auction on May 15, 2013 with respect to C’s co-ownership shares among real estate, such as the real estate of 340.1 square meters, owned by the Plaintiff, etc., as the title of this court D with the above notarial deed as the title of title, and applied for a compulsory auction on May 15, 2013. The Plaintiff intended to prevent the progress of the above auction procedure, and on the premise that the amount of the principal and interest on the Defendant’s loan to C as of October 16, 2014 is KRW 362,50,00,000, the Defendant transferred the above loan principal and interest to C, and notified it to C, and the Plaintiff is below the assignment contract under which the Plaintiff shall pay the money to the Defendant.

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