부당이득 반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendant asserted that the cause of the claim is attributable to the Plaintiff from May 2007 to December 2012, 5,625,900,000 won in total over 40 times.
On May 209, 2009, C (hereinafter referred to as “C”) as an incorporated foundation that had been liable for a loan of KRW 1 billion to the Plaintiff, paid the Defendant KRW 1 billion on behalf of the Plaintiff.
C The Plaintiff, including the above subrogated amount, repaid the Defendant totaling KRW 7,49,038,650 from September 2007 to November 2012.
If the principal and interest of the defendant is appropriated with the above amount repaid by the plaintiff, the plaintiff paid over KRW 1,277,645,172 to the defendant, which constitutes an unfair profit acquired by the defendant without any legal ground, and thus, the defendant is obligated to return it to the plaintiff.
However, it is not sufficient to recognize that the plaintiff lent KRW 1 billion to C only with the statement of evidence No. 14 as to whether the plaintiff paid the subrogation for the board C, and there is no other evidence to acknowledge it.
In addition, the following facts can be acknowledged in full view of Gap evidence Nos. 10, 14, Eul evidence No. 13, and witness D's testimony.
On October 20, 2008, the Defendant-based joint representative E (hereinafter referred to as “E”) and the Plaintiff invested KRW 1 billion in a promissory note issued by the bank to the K and G corporation in two weeks, and made an investment agreement with the Defendant to first repay the said KRW 1 billion in the event the funds accrue from the sale or sale after the completion of the said charnel house (hereinafter referred to as “instant investment agreement”).
On February 27, 2009, C, which had been implementing the said charnel project, confirmed the Plaintiff’s claims against E under the instant investment agreement, and passed a resolution to approve the Plaintiff’s investment.
The Plaintiff, pursuant to the instant investment agreement, from October 20, 2008 to February 25, 2009, did not exceed one billion won in total amount of face value of the Promissory Notes issued by H Co., Ltd., the representative director of which the Plaintiff is the Defendant.