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(영문) 서울중앙지방법원 2019.01.17 2018가합523551
부당이득금
Text

1. The Defendant’s KRW 260,744,823 as well as the Plaintiff’s annual rate of 5% from December 7, 2017 to January 17, 2019.

Reasons

1. Basic facts

A. On April 11, 2016, the Plaintiff prepared a loan certificate stating that the Defendant and the Plaintiff borrowed KRW 100 million from the Defendant (hereinafter “instant primary loan certificate”) in order to discover buried property located underground in C forest C, 25,917 square meters (hereinafter “the instant forest”) owned by the Plaintiff. On the same day, the Plaintiff completed the registration of the establishment of a neighboring maximum debt amount of KRW 100 million with respect to the instant forest in order to secure the Defendant’s debt arising from the first loan certificate.

B. Based on the instant first loan certificate, the Defendant remitted KRW 23.5 million on April 12, 2016, KRW 20 million on April 18, 2016, and KRW 5 million on April 19, 2016, respectively, to the Plaintiff’s deposit account.

C. On July 5, 2016, the Plaintiff and the Defendant drafted a loan certificate stating that the Plaintiff borrowed KRW 50 million from the Defendant (hereinafter “instant secondary loan certificate”). On July 7, 2016, the Plaintiff additionally completed the registration of the establishment of a mortgage over KRW 50 million with respect to the instant forest land to the Defendant to guarantee the Defendant’s obligation based on the said secondary loan certificate.

On September 6, 2016, the Plaintiff and the Defendant drafted a certificate of borrowing KRW 200 million from the Defendant on December 30, 2016 (hereinafter “instant third loan certificate”). On the same day, the Defendant wired KRW 10 million to the Plaintiff’s deposit account based on the third loan certificate.

On September 7, 2016, the Plaintiff additionally completed the registration of creation of a mortgage over KRW 200 million with respect to the forest of this case to the Defendant in order to guarantee the Defendant’s obligation based on the said third loan loan certificate.

E. After September 30, 2016, the Plaintiff: (a) drafted a loan agreement stating that the Plaintiff borrowed KRW 200 million from the Defendant and, in return, the Plaintiff shall pay 7% shares of the buried property to the Defendant for the excavation of the instant forest (hereinafter “instant loan agreement”); and (b) followed.

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