부당이득금 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) D Co., Ltd. (title E after the alteration, hereinafter “D”).
(2) On April 24, 2013, Defendant B, the representative of the Plaintiff, agreed to transfer the ownership of real estate owned by D and all rights owned by D, including the G hotel in Gwangju-dong-gu, Gwangju-gu, and the transfer price was KRW 2.5 billion. On the same day, the Plaintiff paid the down payment of KRW 250,000,000 to Defendant B. On November 26, 2013, the Plaintiff paid the intermediate payment and the remainder of the intermediate payment to Defendant B. (2) held the claim for damages due to illegal possession of KRW 154,451,612 against G against the limited liability company. At the time of two times on July 2013, Defendant B was determined to seize and collect the claim by designating the Plaintiff as the third debtor.
The Plaintiff paid 100 million won directly to the Plaintiff Company in the sense of debt repayment with respect to limited liability company G, and paid intermediate payment and balance on November 26, 2013, the Plaintiff paid 100 million won to the Defendant B’s account under the name of the Plaintiff, the representative of D at the time.
In addition, the remaining KRW 50 million was paid later by preparing a loan certificate to the defendant C with D's director.
3) As the third obligor, the Plaintiff paid KRW 100 million to the Defendants in order to repay the obligations to limited liability companies G, and prepared and issued a loan certificate. However, on June 2, 2016, the Plaintiff thought that there was a debt to limited liability companies G in accordance with the Defendants’ seizure and collection order, even though there was no debt to the Defendants’ limited liability companies G, Defendant B paid KRW 100 million to Defendant B, and issued a loan certificate to Defendant C. 4) without any legal ground. Defendant C received KRW 100 million from the Plaintiff unfairly from the Plaintiff, and Defendant C received the loan certificate from Defendant C even though there was no debt to be the cause of the loan certificate against the Plaintiff, Defendant C filed a lawsuit against the Plaintiff for the claim for the agreed amount (Seoul District Court Decision 2015Da54832).