부당이득금
1. The part against Defendant C among the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant C is dismissed.
3...
1. Facts of recognition;
A. The establishment registration of the right to collateral security was completed with respect to the instant apartment (hereinafter “instant apartment”) in Suwon-si, Suwon-si, the Plaintiff owned, 204 Dong 102 (hereinafter “the instant apartment”). However, the new bank, based on the foregoing right to collateral security, filed an application for the auction of real estate related to the instant apartment (hereinafter “instant auction”) with the Suwon District Court. On February 8, 2010, the said court rendered a decision to commence the auction on the said apartment (hereinafter “instant auction”).
B. Upon the Plaintiff’s request, D intended to arrange a loan from a financial institution as security to suspend the auction of the instant apartment, but it was difficult to proceed with the loan. The Plaintiff introduced Defendant B (the name “F” at the time) to the Plaintiff.
C. Defendant B suspended the auction of this case by lending money to the Plaintiff at a place other than the first financial right, and then again demanded 8,100,000 won under the name of loan brokerage commission and loan expense by obtaining the loan from the first financial right to prevent auction. On February 7, 2011, the Plaintiff remitted KRW 8,100,000 to the account of Defendant C, his father, his father, to the Defendant C.
On February 7, 2011, the Plaintiff, upon the introduction of Defendant B, repaid all loans of KRW 270,000,000 to the new bank, a credit business company, IMD Co., Ltd., and repaid all the loans to the new bank on February 10, 201. Defendant B did not intend to obtain a loan from the first financial right, unlike the above promise, and did not intend to obtain a loan from the first financial right. In the end, the Plaintiff, who was his own partner G, obtained a loan from the National Bank, and repaid the loan from the MNDF, as security.
[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Determination
A. As to the claim against the defendant B