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(영문) 대전지방법원 2016.09.01 2015나102925
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Plaintiff

In relation to the money transaction between A and the Defendant, Plaintiff A registered the credit business from around 2003 to G and operated the credit business. However, the Defendant borrowed KRW 30,000,000 from Plaintiff A on October 5, 2007, and the Defendant first became aware of Plaintiff A, an elementary school, as the Defendant borrowed KRW 30,000 from Plaintiff A.

At the time, the Plaintiff A requested the Defendant to lend money to the Defendant for the lending of money to the Defendant, if there is a lack of money to lend and there is no time to reduce the interest due to the lack of money to lend.

Since then, on July 20, 2009, H loaned the money required for the business to Plaintiff A, and Plaintiff A, who did not have any money required to lend at that time, lent her interest to the Defendant, and the Defendant transferred KRW 19,000,000 to H’s account at the Plaintiff’s request, and then remitted KRW 400,000 to the account in the Plaintiff’s name on July 21, 2009, when the Defendant transferred KRW 19,000 to H’s account.

Plaintiff

A on July 20, 2009, on the security of the above loan against the defendant, the amount of 30,000,000 won and the creditor registered the creation of a mortgage against the defendant with respect to the 162m2m2 owned by H.

In other words, H requested on September 24, 2009 that the Plaintiff lent KRW 15,00,000 to the Plaintiff, and the Defendant again demanded that the Plaintiff lend the money that he would lend to the Plaintiff, and the Defendant transferred KRW 15,000,000 to the Plaintiff’s account under the name of the Plaintiff on September 30, 209. On September 30, 2009, the Plaintiff completed the registration of the establishment of a mortgage against the Defendant with respect to KRW 302,300,000 and KRW 304,000, the maximum debt amount as to KRW 302, 302, 300,000 on September 30, 2009.

In addition, on October 1, 2009, H loaned KRW 5,000,000 to the Plaintiff on or around the second half of 2009, and requested the Plaintiff to lend money to the Defendant. Upon requesting the Defendant to lend money necessary therefor, the Defendant requested the Defendant to lend money to the Plaintiff’s account.

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