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(영문) 서울남부지방법원 2016.06.09 2015가합104115
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 600,000,000 and the interest rate of KRW 15% per annum from November 6, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. On December 2002, C obtained the right to collateral security of KRW 8 billion with respect to the land acquired by GMK through an auction (including partial transfer of ownership to the long-dong farming association corporation; hereinafter referred to as “instant land”). The Defendant and five investors, including E, F, G, and H, including E, E, decided to purchase the said right to collateral security of KRW 2 billion with I, which had been the representative of C, and acquired the Plaintiff company by equally investing the same amount.

Therefore, on May 21, 2003, the transfer contract between C and the plaintiff was concluded with the contents of the right to collateral security.

B. While the dispute regarding the exercise of the right to collateral security against the above claim that the Plaintiff acquired, the Defendant, F, and E, a part of the Plaintiff’s shareholders, establish the J (hereinafter “J”) separate from the Plaintiff on December 19, 2008. On January 6, 2009, the J acquired 4 billion won out of the first right to collateral security from the Plaintiff and completed the registration of transfer of collateral security.

At the time of such transfer, J did not pay the Plaintiff the acquisition price.

C. Auction of the instant land (Slsan support K, L, and Consolidation) was conducted, and as a result, M was distributed to the secured party on June 8, 201, KRW 1.7 billion, the Plaintiff’s KRW 2.3 billion, KRW 4 billion by J, and KRW 1.5 billion by N.

J received dividends of KRW 600,000,000,000,000,000 were transferred to the account under Defendant’s name.

E. On November 3, 2014, the Plaintiff and J agreed to set the transfer price of the right to collateral security (right to collateral security) as KRW 3.9 billion on January 6, 2009, and agreed to assign 600 million to the Defendant a deposit refund claim held by the J for partial repayment.

F. On October 27, 2015, the J notified the Defendant of the assignment of the above assignment of claims during the instant lawsuit, and reached the Defendant around that time.

[Ground of Recognition] Facts without dispute, Gap evidence 2 and 3 (including each number), respectively.

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