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(영문) 서울동부지방법원 2018.09.20 2017가단114413
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s networks: (a) the owner of a so-called borrowed vehicle or the lessee provided the obligee as security and did not repay the loan after receiving the relevant documents on the transfer of the vehicle and the transfer of rights, such as ownership, to Defendant C, known through the introduction of Defendant B, known to the Plaintiff from 7 to 8 years; (b) the owner or lessee of the so-called borrowed vehicle, as listed in the table No. 1 to No. 3; (c) the obligee provided the same to a third party; (d) the obligee provided the vehicle to be provided for the loan to be carried out by the method of collecting the initial loan; and (e) lent KRW 119,250,000 as listed in the table No. 4 below, and leased KRW 37,80,000 to Defendant B as follows.

(hereinafter “each of the instant loans”). On January 13, 2015, the payee’s secured vehicle amounting to KRW 30,000,000 (Aidi73.0) owner G (State) owner of Defendant C’s 16 January 16, 2015, E 47,400,000 E/ 16 January 16, 2015, the owner of H (SS250) owner of J (SS250) KRW 41,850,000 E/ 41,850,000 on February 5, 2015, the owner K (State) owner of J (Ari SS5) 44 B,80,000 won (State) owner M (State 157,500,000 won) owner of D (SOS) owner (State 157,50,000 won)

B. When Defendant C lent money to N et al., the vehicles listed in the above table Nos. 1 through 3 were offered as security, but the above N et al. did not repay the above N et al., and requested to introduce and request a person who will lend money to Defendant B to recover his loan after again providing the above vehicles as security. Defendant B became aware of D through the introduction, Defendant C agreed to pay interest at 10% per month when providing the above vehicle's delivery and ownership transfer documents as security.

C. Defendant B received a request from a son, a son, to lend money as security on the vehicles listed in the above table No. 4, and provided D with the above documents related to the delivery and ownership transfer of the vehicle as security, and received payment of the above money at 10% interest per month.

The defendants shall pay the above money.

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