logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.07.23 2020가합50029
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 220,000,000 won and the period from December 1, 2016 to December 16, 2019.

Reasons

1. Facts of recognition;

A. On April 7, 2009, Defendant B and Defendant B’s wife prepared and delivered to the Plaintiff a letter of payment stating that “I will pay KRW 350 million in daily amount until June 7, 2009.” As a security, each of the real estates listed in the separate sheet owned by D on April 9, 2009, set up a joint collateral security (hereinafter “each of the instant separate collateral security interests”) with respect to each of the real estates listed in the separate sheet owned by D on April 9, 2009, including the maximum debt amount of KRW 350 million, and the debtor’s joint collateral security (hereinafter “each of the instant collective security interests”).

B. On March 5, 2010, the Plaintiff loaned KRW 23 million to Defendant B as of March 30, 2010.

C. On February 24, 2010, E Union, a creditor of D, applied for a voluntary auction on eight real estate including the real estate listed in attached Table 2 through (5) to this court, and received a voluntary auction decision. The Plaintiff participated in the above auction procedure as a mortgagee and received dividends of KRW 25,41,247 on February 16, 201.

(F) d.

The plaintiff is the defendant B. A.

As a result of the continued performance of an obligation under the payment note stated in the Paragraph, on June 23, 201, this Court applied for a voluntary auction on real estate stated in Paragraph (1) of Attached Table 1 to this Court, and received a decision on voluntary auction. The court received dividends of KRW 112,347,458 from the auction procedure on January 18, 2012.

(G). (e)

On March 21, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) to lease each of the real estate listed in the attached Table 2 list, for which Defendant B and Defendant C Agricultural Partnership had been granted a right to use, with a rent of KRW 20 million until November 30, 2016. The Defendant C Agricultural Partnership confirmed the terms and conditions of the agreement and jointly and severally guaranteed Defendant B’s obligation under the instant lease agreement.

F. The Defendants did not deliver to the Plaintiff each real estate listed in the separate sheet No. 2.

G. The Plaintiff is obligated to deliver each real estate listed in the separate sheet No. 2 to the Plaintiff according to the instant lease agreement. However, the Plaintiff is not obligated to implement the instant payment order.

arrow