(영문) 서울고등법원 2016.06.17 2015나2065309

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(영문) 서울고등법원 2016.06.17 2015나2065309

부당이득금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. (1) On March 31, 2005, the Plaintiff leased KRW 300 million to C Co., Ltd. (hereinafter “C”) with interest rate of KRW 5% and due date of repayment on April 30, 2005 (hereinafter “instant loan”). The Defendant’s husband D guaranteed the Defendant’s obligation of the instant loan to the Plaintiff on the same day.

(2) On April 19, 2012, the Plaintiff filed a lawsuit against C and D seeking the payment of the instant loan (U.S. Seoul District Court 201Gahap14608), and received the judgment that “C and D jointly pay KRW 300 million to the Plaintiff and its delay damages,” and the said judgment became final and conclusive thereafter.

B. On April 25, 2006, C and its representative director F made a statement to the Defendant, who is the wife of D, stating that “The Defendant’s credit of KRW 350 million, including principal and interest, shall be repaid up to May 25, 2006” (hereinafter “each of the instant statements”) stating that “The Defendant’s credit of KRW 350 million, which was to be repaid as of April 25, 2006, including principal and interest, shall be repaid until May 25, 2006.”

(2) On October 31, 2007, the Defendant filed an application for a payment order with C, 350 million won, and its payment amounting to 60% per annum from January 25, 2006 to June 25, 2007, and 30% per annum from the next day to the day of full payment (U.S. District Court Decision 2007 tea 1004), and received the payment order on November 2, 2007 (hereinafter “instant payment order”), and as C did not raise any objection, the above payment order became final and conclusive.

C. On December 9, 2011, the instant promissory note issuance and fraudulent act lawsuit (1) D shall be issued with a promissory note with a face value of KRW 150 million and a face value of KRW 150 million to E, who is his wife and the Defendant, and the Defendant, and “the instant promissory note” (hereinafter referred to as “instant promissory note”).

(2) On December 22, 201, the Suwon District Court made the said Notarial Deed as a title of execution on the same day.

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