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(영문) 제주지방법원 2015.04.09 2014가합5919
부당이득금
Text

1. The Defendant’s KRW 197,863,953 as well as the Plaintiff’s annual rate from September 12, 2014 to April 9, 2015.

Reasons

1. Basic facts

A. The plaintiff and C’s relationship and No. 1 of No. 1 of the No. 1 of the No. 1 of the No. 1 of the No. 1 of the No. 1 of the notarial deed are real estate investment projects, Hyundai Mutual Savings Bank located in the Jeonbuk-gun in the name of Jeonbuk-gun, and the defendant lent money to C several times from around 2004. 2) On August 12, 2005, the defendant, C, and D borrowed KRW 1.5 billion from the defendant on August 11, 2005 to the above office under the No. 376 of the No. 2005. 376 of the No. 376 of the No. 376 of the notarial deed (hereinafter “No. 376 of the notarial deed”). At the time of the preparation of the No. 1 of the No. 376 of the notarial deed on money loan agreement with the defendant and the above joint and several liability of the defendant.

3) On August 22, 2005, the Defendant and C borrowed KRW 1.5 billion from the Defendant on August 21, 2005 at the Ejoint law office with the content that “C borrowed KRW 1.5 billion from the Defendant on August 21, 2005, and repaid not later than December 21, 2005,” the Defendant and C constitute a money loan loan agreement notarial deed containing an expression of intent to recognize compulsory execution (hereinafter “instant notarial deed”).

4) On October 5, 2005, the Plaintiff and H made a joint and several guarantee of the above debt owed by the Defendant and C, and on October 5, 2005, the Defendant and C, a notary public borrowed KRW 2,253,042,60 from the Defendant on October 5, 2005, “C borrowed KRW 2,253,042,60 from the said office, and repaid it until October 30, 2005” (hereinafter “notarial deed No. 469”) under a monetary loan agreement, which contains a declaration of intention to recognize compulsory execution, and as at the time D and H jointly guaranteed the above debt owed to the Defendant by D and H.

5. On the other hand, on October 5, 2005, C entered each of the particulars of the principal and interest 2,187,420,000 won borrowed from the Defendant from November 12, 2004 to May 13, 2005, and stated that C shall pay the above principal and interest 65,62,600 won, total 2,253,242,60 won until October 30, 2005.

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