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(영문) 광주지방법원 2021.01.08 2020가단535809
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The facts of recognition C Co., Ltd. (hereinafter “C bank”) entered into an agreement with D (hereinafter “D”) on the transaction of a general loan (masp loan) with the following contents, and was the representative director D.

E On February 24, 2012, with respect to the Bank of this case, “D” was jointly and severally guaranteed all obligations to be borne by the Bank in the present and future as a general financing loan transaction at KRW 1,300,000,000 (hereinafter the following claims) (i.e., each of the instant claims, “the claims described in the table”) on February 28, 2002, 1,000,000 for the first loan principal, and (ii) on March 23, 2002, the Bank transferred each of the instant claims against D and E on May 30, 2017, and notified the Plaintiff of the transfer of the claims on August 22, 2017.

At the time of the transfer of the above bonds, D's principal is KRW 751,449,236.

E On December 17, 2007, Co., Ltd. I (hereinafter collectively referred to as “I bank, including before and after the change,”), with respect to F land and its ground buildings (hereinafter referred to as the “instant real estate”), G land and its ground, and H land and its ground warehouses in the Gu/Si/Gu, Si/Gu, Si, Si, Gu, and Gu, and Gu/Si, established a joint collateral mortgage (hereinafter referred to as “instant collateral mortgage”) with the maximum amount of claims KRW 1,300,000,000 in the name of the bank.

The Defendant, as his spouse, was registered as D’s auditor. On April 17, 2008, the Defendant and E jointly borrowed KRW 500,000,000 from I Bank (hereinafter “instant loan”). Accordingly, on April 17, 2008, the additional registration of the change of the neighboring mortgage was completed with the purport that the debtor is changed from E on the ground that he took over the overlapping contract.

The defendant filed a divorce and a lawsuit claiming consolation money against Daegu as the dump 2012 Dump 4609.

In the instant case, the voluntary adjustment was concluded on January 15, 2013, and the content of the division of property (hereinafter “instant agreement”) is that E raises objection to the division of property to the Defendant.

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