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(영문) 창원지방법원진주지원 2016.01.13 2015가합10205
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 28, 1994, the defendant lent 10 million won to the plaintiff on December 28, 1994 at the interest rate of 2% per annum. On January 9, 1995, the plaintiff lent 20 million won to the plaintiff on December 30, 1995 at the interest rate of 20 million won per annum. (2) On January 30, 1997, the plaintiff made a loan to the plaintiff at the interest rate of 20 million won per annum. (3) On January 30, 1997, on December 4, 1995, the plaintiff made a loan to the defendant on December 4, 1995, with the interest rate of 140 million won from the plaintiff on December 4, 1995, and as 1.5% per annum (hereinafter "the loan certificate of this case").

3) On January 30, 1997, the Plaintiff and the Defendant entered into a mortgage contract with the Defendant and the maximum amount of debt amount as KRW 20 million with respect to the Plaintiff’s land and the above ground buildings in Jinju-si, 173 square meters of land D, 173 square meters of land and the preceding 545 square meters of land in Jin-si, Jin-si, and 33 square meters of land before F, G, 159 square meters of land before H, 264 square meters of land before H, and 57.92 square meters of forest in Jin-si, in order to secure the Plaintiff’s loan obligation against the Defendant, and completed the establishment registration with respect to the above collateral security (hereinafter the above collateral security is referred to as the “instant

B. B. The Defendant’s transfer of the instant collateral security right, etc. 1) filed an application for a voluntary auction of real estate regarding each of the said real estate with the Changwon District Court JJ as the Plaintiff did not repay its loan obligations.

2. On February 15, 2006, the Plaintiff: (a) acknowledged the entire fact that the principal of the instant mortgage and the secured obligation pursuant to the contract establishing a right to collateral on January 30, 1997 was KRW 140 million on December 4, 1994; and (b) agreed to the transfer of the said right to collateral security and loan claims; (c) the transferor of the said right to collateral security and loan; and (d) the transferee and the transferee K.

Then I have agreed to not raise any objection to the transfer or transferee of this case and signed and sealed it in writing.

“A” has prepared and issued a letter of commitment (No. 5).

3. The defendant is running the above auction procedure on March 6, 2006.

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