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(영문) 수원지방법원 2015.05.28 2014나23260
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C requested the Plaintiff to lend money to a third party on May 10, 2010, as the Plaintiff had been engaged in ordinary money transactions with the Plaintiff. From May 10, 2010, the Plaintiff asserted that the Plaintiff paid KRW 30,800,000 to C for three months calculated at the rate of 4% per month while lending KRW 35,00,000 to C for three months, which was calculated at the rate of KRW 4,200,00,000, but the claim that the leased principal was 30,800,000 during the course of the trial was modified, while the Plaintiff asserted that the lending principal was 30,80,000,000.

A loan was made on May 10, 201 by setting the interest rate of 4% per month and on May 10, 201.

B. Around that time, C lent the above KRW 30,800,000 to the Defendant on the same condition as above. In order to secure the above claim, the Changwon District Court, Kim Jong-si, Kim Jong-si, Da, and F land owned by the Defendant, issued the registration of establishment of a collateral for the debtor, Defendant, and creditor C (hereinafter “instant collateral security”).

C. From August 10, 2010 to C, the Defendant paid some interest on the said borrowed money by directly remitting it to the Plaintiff as indicated below, in agreement with C.

"Amount of 2011-04-10-10 1,400,00 B 2010-10-11,400,000 " 2011-222-222,000 " 2011-04-9 1,000,000 " 201-05-18,000 " 2011-06-10,000 " 1,000 " 2011-06-10,000 " 1,000,000 " 2012-0101-10,000, 2000 " 202-02-208, 2008-200, G008-2008, 008-4008, 2008-2008, 008-4008, 2008

D. Meanwhile, on June 14, 2011, the Korea Credit Guarantee Fund asserted that the instant mortgage contract between the Defendant and C was made in excess of the Defendant’s obligation, and filed a lawsuit seeking revocation of fraudulent act against C by the Incheon District Court 201Gadan55244, and the Plaintiff (Credit Guarantee Fund) became final and conclusive on February 18, 2012 in the foregoing case, where the judgment in favor of the Plaintiff (Credit Guarantee Fund) became final and conclusive.

E. The plaintiff did not receive not only the loan principal but also the interest payment.

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