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(영문) 대구지방법원 2014.04.08 2013가합4801
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation with the purpose of constructing and selling houses and apartment houses, and the network C was the actual operator of the plaintiff. The defendant is a person who engages in credit business without registration.

B. On September 6, 2007, the Plaintiff borrowed money from the Defendant, and on September 6, 2007, a notary public, with the following contents, drafted a notarial deed of debt repayment contract No. 2723, 207.

Article 1. Debt Payment: The due date for the payment of Article 2 (Period and Method of Repayment): the rate of 36% per annum of lump sum payment (interest) under Article 3 (Interest) shall be determined on October 1, 2007.

Article 5 (Compensation for Delay) If a debtor delays the repayment of the principal or interest, he/she shall pay damages for delay at the rate of 36% per annum to the creditor in proportion to the delayed principal or interest.

C. In addition, on September 6, 2007, the Plaintiff and D Co., Ltd. (hereinafter “D”), and the Defendant drafted a letter of agreement with the following contents, and on September 7, 2007, a notary public was notarized by Law Firm 3394, such as a law clerk, etc.

A: Defendant : Plaintiff , D

1. B The period of repayment shall be the period of three months from September 6, 2007, for the sale of the borrowed money (Won 800,000,000) to Gap;

(A) A. 2. A. B. does not raise an objection to the enforcement of the right to collateral security of an apartment completed as a collateral for the borrowed money to A if B is unable to repay the borrowed money to B after the period of repayment expires.

6.B shall be joint and several sureties F.D. in order to guarantee the implementation of this letter of agreement.

The Defendant, on September 4, 2007, remitted each of the KRW 19 million to G (the deceased C’s colon and D representative director), KRW 180 million to G on September 7, 2007, KRW 180 million to G, and KRW 600 million to F Co., Ltd. on September 18, 2007 (hereinafter “F”).

E. On January 20, 201, the Defendant issued the instant apartment bond Nos. 101, 103, 505, 606, 102, 306, and 102, 102, 102, and 303, the instant apartment bond No. 102, 107, 201, and 303, which are owned by the Plaintiff.

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