부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found either in dispute between the parties or in accordance with the respective descriptions of Gap evidence Nos. 1, 2, 4, 5, 6, and Eul evidence Nos. 1, 4, 6, and 7 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and the purport of the entire pleading and video and pleading, and there is no counter-proof.
The Plaintiff is a person who is obligated to receive scrap metal from F while operating the “C”.
F is the representative director of D Co., Ltd. (hereinafter referred to as “D”), and is the founder and the actual representative of E Co., Ltd. (J is F’s wife. hereinafter referred to as “E”).
I is F's former wife (as of May 26, 2014), and the defendant is F and I's children.
B. On April 4, 2011, the Plaintiff provided F with an open space of KRW 50,000,000 for the convenience of the business of supplying scrap metals, and invested KRW 150,00,000,000. The Plaintiff established E with the said money as capital on April 18, 2011.
C. On July 26, 2012, D, F, and E prepared a notarial deed stating that “D shall pay the Plaintiff KRW 200,000,000 with interest rate of 18% per annum, interest rate of arrears 20% per annum, and due date of repayment on August 1, 2014, F and E shall be a joint and several surety, and if the debtor and joint surety fail to perform the above obligation, they shall not have any objection even if they are subject to compulsory execution.” (No. 2206 of the H&D Office Deed).
E entered into a sales contract with I on June 1, 2012, under which “the instant vehicle” owned by E (hereinafter “instant vehicle”) is transferred to I, and completed transfer of ownership on the same day.
E. On September 23, 2013, the Plaintiff filed a lawsuit seeking the cancellation of a sales contract concluded between E and I with respect to the instant motor vehicle and the cancellation of transfer of ownership registered under the name of E and I, and filed a provisional disposition prohibiting the act of disposal of the instant motor vehicle.