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(영문) 창원지방법원마산지원 2020.08.12 2018가합100588
부당이득금
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 parties, etc. 1) The defendant is a DNA company located in Gyeongnam-gun C (hereinafter referred to as "the inspection of this case").

(2) The Plaintiff is the owner of the instant inspection. (2) From December 10, 2014 to August 19, 2015, the Plaintiff operated E as the representative director of E Co., Ltd. (hereinafter “E”) and managed the instant inspection from June 2008 to June 201.

B. Defendant’s lending of money to F and establishment of a right to collateral security (1) Defendant is F Co., Ltd. (hereinafter “F”).

(2) On May 30, 2008, the Plaintiff lent KRW 592 million to the Defendant a total of KRW 592 million from May 2008 to July of the same year, and the Plaintiff agreed to pay interest on KRW 592 million from F’s lending to the Defendant. 2) On June 30, 2008, F extended the maximum debt amount to KRW 650 million with respect to the real estate, such as G, etc., (hereinafter “G real estate”) owned by F, Gyeong-gun, Gyeong-gun, the Republic of Korea, the debtor, the F, and the mortgagee’s Defendant (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

C. 1) On April 3, 2013, G real estate was voluntarily decided on April 3, 2013 by a court H with respect to G real estate (hereinafter “instant voluntary auction procedure”).

2) During the process of the instant voluntary auction, E received the instant claim from the Defendant, and agreed that “E shall receive the bid of G real estate during the instant voluntary auction procedure and distribute the remaining profits from selling G real estate to the Defendant.” During the said voluntary auction procedure, E reported the claim on the said collateral in the said voluntary auction procedure, and distributed KRW 650 million to E.

3) G real estate was sold to E in the instant voluntary auction procedure, and the registration of transfer of ownership in the name of E was completed on the same day on the same day. D. Preparation of the certificate of borrowing and the conclusion of the assignment contract between the Plaintiff and the Defendant between the Defendant was completed on May 9, 2016.

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