부당이득금반환
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The plaintiff is an agricultural partnership established on May 25, 1994 on the basis of the former Act on the Special Measures for the Development of Agricultural and Fishing Villages for the rationalization of livestock management, improvement of livestock productivity, and increase of members' income.
At the time of establishment, Defendant F was appointed as the representative director and the director, but G was appointed as the representative director on February 27, 1995.
In order to obtain a loan from the Rice Credit Union (hereinafter referred to as the "Crosung Credit Union"), the Plaintiff agreed to obtain a loan of KRW 1.8 billion in total by lending 18 loans from each of the 100 million loan titles from the ceansung Credit Union, and received a loan of KRW 1.8 billion in total in the name of Q, R, S, T, U, V,W, X, Y, Z, AAB, AAC, AE, AE, AE, AF, and Defendant F.
Afterward, the Plaintiff entered into a sales contract with AG and Defendant F on December 28, 1995 to purchase 1.8 billion won in the name of G, a representative director, and paid the purchase price, but did not complete the registration of ownership transfer in the name of the Plaintiff.
On December 31, 1998, the Plaintiff repaid the total amount of 400 million won of loans borrowed in the name of S, X, AE, and AF, as above, to the cerealistic Credit Union.
The Gisung Credit Union deposited loans (hereinafter “each of the loans of this case”) in the name of each lender by executing loans in the name of each lender on each lending date as listed below, and on the same day, each remittance amount (hereinafter “each of the loans of this case”) was transferred from each account in the name of each lender to the Plaintiff’s account in the name of each lender.
On June 26, 1997, Defendant C, D, and E 100 million won on June 27, 21997, Defendant D Defendant B, C, and E 100 million won on June 27, 2097, which was KRW 68.2 billion on June 28, 31997, and G sells the above 19 won of the land to Defendant C, D, and E 100 million on June 23, 1997, while G sells the said 19 won of the land to Defendant C, D, and E 100 million won on June 23, 199.