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(영문) 청주지방법원 2018.06.21 2016가단104722
부당이득금
Text

1. The Defendant’s KRW 23,195,162 as well as the Plaintiff’s annual rate from November 25, 2017 to May 10, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on November 29, 2007. On February 23, 2015, the Defendant purchased the CM7 vehicle (hereinafter “instant vehicle”) in the name of the Plaintiff.

B. Meanwhile, at the time of purchasing the instant vehicle, the Defendant obtained an installment loan with an amount of KRW 34.4 million from the Korea Social Services Korea Co., Ltd. (hereinafter “Liby Capital”) Alpha Fund in the Plaintiff’s name until November 21, 2017, to repay the said installment in installments for 36 months. Since then, the Defendant repaid the Defendant’s account by way of setting up the Defendant’s account as an automatic transfer account for the said installment loan up to January 14, 2016.

C. However, on June 3, 2015, the Defendant, without the Plaintiff’s permission, forged the Plaintiff’s certificate of automobile transfer under the Plaintiff’s name, and then disposed of the instant vehicle to a third party at the time of the Plaintiff’s death with the payment of KRW 31 million.

Around March 2016, the Defendant filed a lawsuit against the Plaintiff for divorce, etc. with this Court Decision 2016Ddan30709, and thereafter, the Plaintiff was urged to repay installment loans related to the instant vehicle from 15 minutes to November 24, 2017, and the Plaintiff paid KRW 23,195,162 in total with interest on the remainder of installment loans from March 4, 2016 to November 24, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 13 evidence, purport of the whole pleadings

2. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the arguments in the judgment below, namely, ① the Defendant paid installment loans with respect to the instant vehicle prior to the filing of a divorce lawsuit, ② the Plaintiff is aware that the Defendant is liable for the obligation to pay installment loans with respect to the instant vehicle, and ③ the Plaintiff appears to have started to pay installment loans with respect to the instant vehicle after receiving contact from the Defendant after having filed a divorce lawsuit from the Defendant.

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