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 was the husband and wife of C, and on October 17, 201, the agreement was married.
B. On March 21, 2006, C took out a loan of KRW 160,00,000 from the Defendant for mutual fishing purposes (hereinafter “the instant loan”). On the same day, C concluded a mortgage contract with the Defendant on the same day with respect to the amount of KRW 553 square meters (hereinafter “instant real estate”). The Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with regard to the amount of KRW 3, the mortgagee, the Defendant, the maximum amount of debt, KRW 210,000 with respect to Pyeongtaek-si D owned by the Plaintiff.
C. Meanwhile, in addition to the instant loan No. 1, C borrowed KRW 445,00,000 from the Defendant on March 26, 2009 (hereinafter “the instant loan”) and borrowed KRW 35,294,000 on April 30, 200 (hereinafter “instant third loan”), and entered into an agreement on credit transaction for duty-free petroleum on December 16, 2009 (hereinafter “instant fourth loan”), and the Plaintiff jointly and severally guaranteed the instant loan No. 4.
On July 6, 201, the Plaintiff borrowed KRW 275,00,000 from the previous credit cooperative. Of the above loans, the Plaintiff transferred KRW 217,941,009 (hereinafter “the instant loan”) to the Defendant and repaid (hereinafter “the instant repayment”). After cancelling the registration of the establishment of the instant loan, the Plaintiff completed the registration of the establishment of a new establishment in the old credit cooperative.
E. The repayment principal of the instant loan 1 is KRW 160,00,000, interest 1,025,753, interest 17,000, fire 349,200, fire 349,200, the principal of the instant loan 3, and KRW 17,610,00, interest 564,962, out of the loan principal of the instant loan 4, and KRW 21,00,00,000 among the credit transaction amount up to the time of the instant loan 4.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 8, Gap evidence No. 11, Eul evidence No. 1-4, Eul evidence No. 4 and 11, and arguments.