부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff (Representative C) is a company that runs the construction business in Suwon-gu, Busan Metropolitan City D.
B. On September 1, 2014, E lent KRW 1 billion to the Plaintiff on September 1, 2014 as the due date for reimbursement of KRW 1 billion on September 15, 2014 and the damages for delay at 30% per annum.
(hereinafter “instant loan”). F and C jointly and severally guaranteed each of the above loan obligations on the same day, and F provided the same “F” owned as collateral, “1,212 square meters prior to Asan-si, G, and H H 16,61.2 square meters out of 9,967 square meters of public forests and fields, G, and H H Y.”
On the same day, the Plaintiff, F, and C issued promissory notes of “the amount of KRW 1.1 billion in face value” on September 15, 2014, and on the same day, the Plaintiff, F, and C drafted and issued the No. 196 of the No. 2014’s Certificates of continental Asia.
C. The Plaintiff and F paid KRW 80 million on September 1, 2014, KRW 80 million on October 6, 2014, KRW 21,326,404 on August 28, 2015, KRW 300,000 on October 1, 2015, KRW 312 million on October 28, 2015, and KRW 53 million on December 24, 2015 to E.
On the other hand, the J Co., Ltd., the F and I of which are joint representative directors (hereinafter “J”) paid KRW 160 million to the Defendant on February 11, 2016.
E, February 1, 2016, settled the balance of the principal and interest of the instant loan claims at KRW 804,233,835, and transferred it to the Defendant, and notified the Plaintiff of the transfer of the claim at that time.
On February 6, 2016, the Plaintiff sent to E and the Defendant a content-certified mail stating that “the balance of the instant loan claims is merely KRW 706,721,552.”
E. The Defendant received KRW 77,709,911 on August 11, 2016 in the procedure for a compulsory auction of K Real Estate in the Daejeon District Court’s official real estate branch (hereinafter “instant compulsory auction”) for F-owned real estate (hereinafter “instant compulsory auction”).
F. Meanwhile, on the other hand, on February 11, 2016, the Defendant, F, and I remitted KRW 160 million to the Defendant under the name of the J, and the Defendant prepared a written agreement under the following contents (hereinafter “instant agreement”) with the Defendant and affixed their signatures and seals thereto:
The written agreement of this case also includes the plaintiff, but is the plaintiff.