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(영문) 서울중앙지방법원 2015.12.23 2014가합60540
부당이득금반환등
Text

1. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor for KRW 704,733,303 and KRW 369,497,362 among them.

Reasons

1. Facts of recognition;

A. On March 17, 2008, F lent KRW 250 million to Defendant E, and on the same day, the Plaintiff jointly and severally guaranteed the above debt owed to Defendant E. . 250 million. 2) On the same day F remitted the above loan amounting to KRW 250 million from the loan amounting to KRW 250 million, less KRW 250 million from the loan amounting to the bank account under the Plaintiff’s name, and the Plaintiff again remitted this amount to Defendant E.

3) In order to secure the above loan obligation, Defendant E’s title No. 2401 of H apartment No. 701 and 2401 of Y apartment No. 2401 (hereinafter “the instant real estate”) in Ansan-gu, Ansan-gu, one of his wife at the time.

(4) Around April 17, 2008, the due date for reimbursement, Defendant E requested extension of the due date to F through the Plaintiff, and F extended the due date to June 17, 2008 and changed the interest rate from 10% per month to 5% per month.

5) For a period of four months after April 16, 2008, Defendant E paid F 12.5 million won monthly interest through the Plaintiff. 6) Meanwhile, the F’s right to collateral security established with respect to the instant real estate was cancelled on September 11, 2008 on the ground of termination.

B. 1) The Plaintiff and Defendant E, on behalf of the Plaintiff and Defendant E, agreed to additionally lend KRW 200 million to Defendant C. Accordingly, on September 11, 2008, the Plaintiff and Defendant C lend KRW 500 million to Defendant C (hereinafter “instant loan agreement”).

(1) Defendant E jointly and severally guaranteed the obligation of the above Defendant C. The principal contents of the loan agreement of this case are as follows: (1) on September 11, 2008, the transfer of KRW 200 million to Defendant C head of Tong C (2) on September 11, 2008, KRW 250,000,000 (33 months prior to payment, KRW 45,000,000,000).

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