부당이득반환 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as follows: (a) the witness J's testimony of the first instance court is "the testimony of the witness J" of the said court's first instance court's first instance court's first instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's first instance court's second instance court's second instance court's second instance court's second instance court's first instance court's second instance court's second instance court's first instance court's second instance court's
[Supplementary Judgment] Part 9-2 through 6-6 of the Judgment of the first instance court shall be followed as follows.
1) A) Defendant Company: (a) received the instant dividends, and paid the instant dividends to the Mapo Savings Bank, a creditor of the Plaintiff Company, and repaid the Plaintiff Company’s debt; (b) Defendant Company has a claim for return of unjust enrichment of KRW 3,455,962,268 against the Plaintiff Company; and (c) asserted that the Defendant Company’s claim for return of unjust enrichment against the Plaintiff Company was offset against the Defendant Company’s claim for return of unjust enrichment related to the instant dividends.
B) On the grounds delineated below, the Plaintiff Company asserts that the Defendant Company’s debt against the Plaintiff Company (the claim for return of unjust enrichment due to the third party’s repayment) cannot be offset against the Plaintiff Company’s claim for return of unjust enrichment by its automatic bond.
① In doing so as to be the representative director of the Plaintiff Company, B and C entered into a contract to guarantee the collateral of the Plaintiff Company’s illegal loans to K and L, etc. in the name of the Plaintiff Company, and entered into the instant loan agreement and the instant mortgage agreement to secure it. B or C entered into the instant loan agreement and the instant mortgage agreement without the authority to represent the Plaintiff Company.