부당이득금
Upon the claim that the court changed its exchange in this court, the defendant 150,000,000 won and its interest on June 2020.
1. Facts of recognition;
A. On July 2016, the Plaintiff requested E, the representative director of the Defendant, to provide a loan for the financing of the business of newly constructing and selling multi-family housing and officetels on the land outside the land of Jin-si, Jin-si (hereinafter “instant business”), and E requested B, who was in a flat transaction relationship, to provide a financing.
B. On August 12, 2016, B entered into an agreement between the Defendant and the Defendant to lend KRW 300 million to the Defendant, and to receive reimbursement of KRW 300 million in total of KRW 300 million in principal and KRW 300 million in profit as follows, and to guarantee payment by the Plaintiff, E, and E’s husband F with respect to the said obligation (hereinafter “instant agreement”).
The details of redemption - Repayment of the agreed amount of KRW 300 million (notarial act by a loan for consumption) ① Payment of KRW 10 million per each unit at the time of sale in advance (36 households). ② Payment is completed after deducting the agreed amount paid in advance at the time of completion of refund in advance (3) Payment of the company’s substitute loan of this case shall be completed within two months after completion of the loan.
(4) An agreement shall be reached after the completion of aggregates within KRW 150 million when an investor requests during the course of the project and shall be paid according to the on-site conditions.
- Payment of profits (notarial notes) 1. In the event of a refund loan after completion, 300 million won of profits shall be paid in lump sum.
Terms and Conditions - Terms and Conditions: From August 2016 to June 2017 - Profits: July 2017 to August 3, 2017.
In accordance with the instant agreement, ① on August 12, 2016, a notary public signed a notarial deed on a monetary loan agreement with the defendant, the debtor, the defendant, the plaintiff, the joint guarantor, the plaintiff, the E, and the F, lent KRW 300 million to the defendant on August 12, 2016, and the defendant, the plaintiff, the E, and the F did not pay the amount by August 31, 2017, and ② on the same day, a notary public signed a notarial deed with the face value of KRW 300 million, the issue date of which was August 12, 2016, and the date of payment of which was August 31, 2017, with the content that he/she did not raise any objection even if he/she was immediately subject to compulsory execution. < Amended by Presidential Decree No. 27453, Aug. 12, 2016>