부당이득금 반환
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, around 2007, lent to the Plaintiff KRW 130 million interest at KRW 3 million per month.
The Plaintiff used the said money separately with C.
B. On July 26, 2010 with the Defendant’s commission, a notarial deed of money loan agreement (No. 1610, 2010, hereinafter “instant notarial deed”) was drawn up to the following purport with respect to the above loans:
The defendant (creditor) and C (joint guarantor) prepared a letter of delegation on commission with a certificate of personal seal impression and a certificate of seal impression affixed by the plaintiff (debtor) and entrusted the preparation of the Notarial Deed in the capacity of the defendant himself/herself, the plaintiff, and C.
On July 26, 2010, the defendant set the interest rate of KRW 130 million and delayed payment damages at 30% per annum and the due date on July 26, 2011 and lent to the plaintiff.
C provides guarantee by setting the guarantee period of the Plaintiff’s above loan obligations against the Defendant as the guarantee period of ten years and the maximum amount of KRW 130 million.
If the plaintiff and C fail to perform the obligation, it is recognized that there is no objection even if compulsory execution is enforced.
C. On September 3, 2013, the Plaintiff paid KRW 65 million to the Defendant, and received a written statement from the Defendant stating that “the Defendant was paid KRW 65 million from the Plaintiff on September 3, 2013.” (hereinafter “written statement 1”).
On October 5, 2015, the Defendant applied for a compulsory auction of the instant notarial deed to the Ulsan District Court D with respect to the real estate owned by the Plaintiff as an executive title, and the said court rendered a decision to commence the auction on October 12, 2015, and the registration of the decision to commence the auction was completed on October 13, 2015.
The claim amount was stated as the "65 million won and interest for delay" in the notice of decision on commencing auction.
Of loans of KRW 65 million based on the notarial deed of this case, 30 million won per annum from July 27, 2011 to October 5, 2015 and 25% per annum from the following day to the date of full payment.