A. C Co., Ltd. (hereinafter “Nonindicted Company”) owned each real estate listed in the separate sheet (hereinafter “the instant real estate”) on March 21, 2013, borrowed KRW 60 million from the Plaintiff, and KRW 100 million from D, and completed the registration of creation of a mortgage around March 22, 2013, with the Plaintiff and D’s request, on March 22, 2013, the maximum debt amount of the instant real estate was KRW 180 million, and the mortgagee’s mortgage registration was completed.

(hereinafter “instant collateral security”). B.

Around January 17, 2014, the defendant paid debt KRW 100 million to D by the non-party company on behalf of the plaintiff.

In receiving the instant right to collateral security from D, the Defendant agreed with the Plaintiff to have the right to collateral security registered under the sole name of the Defendant, and completed the registration of collateral security on January 24, 2014 on the ground of the transfer of confirmed claim.

C. On June 24, 2016, the Defendant received dividends of KRW 180 million, based on the instant right to collateral security, from the auction procedure conducted with respect to the instant real estate on June 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 6 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The determination on the cause of the claim is based on the above facts, and there is no dispute between the parties as to the method of calculation and the amount of calculation with the amount calculated based on the ratio of the leased principal invested by the Plaintiff, excluding the original Defendant’s loan principal amounting to KRW 160 million among KRW 180,000,000 and KRW 7,50,000,000 according to the loan ratio between the Plaintiff and the original Defendant (i.e., KRW 20,000,000 x KRW 6/16) x 180,000,000,000,000 won, which was paid by the Defendant to Nonparty Company.

include this section.

Therefore, the defendant is obligated to return the above KRW 67.5 million to the plaintiff as unjust enrichment.

(2) Meanwhile, while the Plaintiff is liable to pay the Defendant the borrowed amount of KRW 33 million, the Plaintiff deducts the borrowed amount of KRW 33 million from the above KRW 67.5 million.