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(영문) 서울중앙지방법원 2015.09.23 2014가단5344857
부당이득금
Text

1. The Defendant: (a) 57,868,631 won to Plaintiff A Co., Ltd. and 6% per annum from May 22, 2013 to December 26, 2014.

Reasons

1. The Plaintiffs claim of this case asserted that the Defendant borrowed KRW 400 million from the Defendant, and that the principal and interest higher than the interest rate set forth in the Interest Limitation Act were repaid or paid in lieu of the principal and interest, and sought a return of the excess interest as unjust enrichment.

(Article 2(4) of the Interest Limitation Act); 2. Facts recognized

A. On March 3, 2011, the Defendant agreed to lend KRW 400 million to the Plaintiffs and D and to receive KRW 500 million plus interest KRW 100 million after two months.

B. The Defendant received the following money from the Plaintiff Company A (hereinafter “Plaintiff Company”) or acquired the pecuniary profit in lieu of the said money upon repayment of the said loan claim.

1) Around February 23, 2012, Yeonsu-gu, Incheon, Em-gu, 302, 1504, and 1504, which acquired as security of the foregoing loan claim, sold to F and acquired the purchase price. (2) From March 23, 2013 to May 21, 2013, the Defendant purchased the difference under the name of the Defendant or Defendant G, and appropriated the difference in the sale price to pay the loan claim, from March 2013 to May 21, 2013, the Plaintiff’s 4 apartment community living facilities complex 120, 121, 3 complex 101, 101, 6 complex 138 under the general discount (80% of the first sale price).

(In contrast to the Defendant’s assertion, it is clear that the Plaintiff agreed to appropriate the property gains from discount sale under the language and text of the evidence No. 2 to cover the repayment of the principal and interest of the above loan). Accordingly, the amount appropriated for the repayment of the loan claim is as follows.

The first sale price of an object is 23,75,00,000 won in 272,50,000 won in 272,250,000 won in the 4 complex where the purchase price of an object is 120,000 won in 123,750,750,000 won in 4 complex where the purchase price of the object is 121,46,400,00 won in 373,120,120 won in 23,200,139,920,920,000 won in 3 complex where the purchase price of the object is 101,626,70,000 won in 661,360,360,000 won in 454,685,000 won in 206,675,000 won in 638,530,5304 won in 605,2405,6304

3. Determination

A. The Plaintiff Company on March 2013

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