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(영문) 수원지방법원 2015.01.22 2013가합28660
부당이득금반환 등
Text

1. Defendant C’s KRW 54,092,603 as well as 5% per annum from January 30, 2014 to May 13, 2014.

Reasons

1. On September 26, 2008, E, the husband of the Plaintiff’s basic facts, prepared a monetary loan certificate stating that “E shall have 4% interest rate of KRW 300 million from Defendant B on a monthly basis and due date for repayment on December 26, 2008 (hereinafter “the loan of this case”) shall be the loan of this case, and F shall be the joint and several sureties.”

E at the time of the above borrowing, “10 million won shall be received as interest to KRW 300 million.” The receipt was prepared on September 26, 2008 by Defendant B’s agent Defendant C, which was received on September 26, 2008, and issued it to Defendant C. On September 29, 2008, Defendant B deposited KRW 2 million in the national bank account as Defendant B’s national bank account.

E delivered, on September 26, 2008, a promissory note of KRW 450 million at the face value of the issuer, the plaintiff, the F, G, and the payee defendant B, and on September 29, 2008, the amount of KRW 450,000,000,000,000,000 for the I gas station site 2853 square meters (hereinafter “the I land of this case”) which is H ownership, was completed with respect to the registration of creation of a neighboring mortgage to the obligor and the mortgagee B.

With respect to the land of this case, the registration of the decision to commence voluntary auction was completed on November 25, 2008 by the court based on the right to collateral security under Defendant B’s name, and on December 18, 2008, the above registration was cancelled on December 22, 2008.

Based on the authentic copy of the authentic deed of loans No. 542, No. 542, No. 2008, 2008, which was drawn up by the notary public on November 25, 2008, Defendant C with Defendant B as the obligee’s holder, based on the authentic copy of the authentic deed of loans No. 542, Defendant C, which was drawn up on November 25, 2008, was divided into M forest land No. 37,274 square meters and N forest land No. 10,338 square meters on May 28, 2010, which the Plaintiff had against the third obligor, and hereinafter “O land of this case”).

In relation to the claim for the refund of the purchase price as to the purchase price, this court received the attachment and collection order of the claim amounting to KRW 450,000,000 from this court as 208TT 20676.

Defendant C’s claim for the collection of the above KRW 450 million against Defendant C K as the preserved right. It is owned by K.

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