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(영문) 울산지방법원 2018.06.27 2017나25314
부당이득금반환
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

1. Basic facts

A. On December 27, 2002, the Defendant completed registration of credit business (registration renewal) by the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) in Ulsan Metropolitan City on December 27, 2002, and is engaging in credit business.

B. From March 26, 2009 to October 2010, the Plaintiff made a monetary transaction by taking four card cards in the Plaintiff’s name C from the Defendant’s wife as collateral and lending credit card payment from the Defendant (hereinafter “the instant monetary transaction”).

C. On December 23, 2009, the Defendant issued a payment order stating that “the Plaintiff shall pay 38,850,000 won to the Defendant and damages for delay calculated at the rate of 48% per annum from October 26, 2009 to the date of full payment” (hereinafter “instant payment order”) with the U.S. District Court Decision 2009Da8365, Dec. 23, 2009, upon receipt of the above application. The instant payment order became final and conclusive on January 13, 2010.

On July 3, 2012, the Plaintiff and the Defendant drafted a notarial deed with the content that “the Plaintiff borrowed KRW 90,458,300,00 from the Defendant on November 10, 201, annually, 39% of interest per annum, and as of July 25, 2012, a notary public drafted a notarial deed with the content that “the Plaintiff borrowed from the Defendant as of July 25, 2012,” as the notarial deed No. 420 (hereinafter “instant notarial deed”).

E. On February 8, 2013, based on the instant notarial deed, the Defendant issued a collection and attachment order (hereinafter “instant seizure and collection order”) against the sum of KRW 133,802,50, including the principal amount of KRW 90,458,300, interest 43,011,062, enforcement cost, KRW 333,140, and KRW 133,802,50, among the wages to be received by the Plaintiff and the third debtor in the Hyundai Heavy Industries (U.S.).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is made on March 2009.

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