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(영문) 대구지방법원포항지원 2016.08.25 2014가단3496
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C and D borrowed the amount of KRW 271,00,000 from D on August 19, 200 to KRW 15,00,00,00, while borrowing KRW 15,000 from D, C and C borrowed the amount of KRW 271,00,000 in total from D. 2) At the time of borrowing KRW 135,000,000 out of the above borrowed amount, C had prepared a loan certificate stating the borrowed amount of KRW 150,00,000 (hereinafter “the first loan certificate of this case”) and thereafter received the loan certificate of KRW 135,00,000 from D until borrowing additional KRW 135,00,000 (hereinafter “the second loan certificate of this case”) and received the loan certificate of KRW 150,00,000 from D and received the loan certificate of this case from D.

3) The Plaintiff and the mother, who is the father of C, entrusted C with the authority to establish a right to collateral security to secure the debt owed to C with respect to their own real estate, and C borrowed KRW 300 million to D, and as a security therefor, E borrowed KRW 30,696 square meters of forest land owned by C (hereinafter “E”) in its possession, while A, in its possession, "the total of each of the above lands is called "each of the above lands," "G land of this case," "the land of this case," "the land of this case," the plaintiff and the creditor of this case, which are not indicated as the debtor, the plaintiff and the creditor of this case, and the loan certificate of this case (hereinafter "the certificate of loan certificate of this case") on November 1, 2009, which is not indicated as the loan certificate of this case.

(B) D, on November 11, 2008, received KRW 570,750,000 as investment, and borrowed KRW 10,00,00 on August 28, 2009.

2) Around March 2010, D requested the Defendant to provide the Plaintiff, E, and C with documents necessary for the creation of the right to collateral security after receiving a request from the Defendant for the payment of the said investment amount, etc.

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