부당이득금
1. The intermediate confirmation of this case shall be dismissed.
2. The plaintiff (the intermediate confirmation plaintiff)'s main claim is dismissed.
3...
1. Basic facts
A. (1) On April 25, 2003, the Plaintiff borrowed KRW 50,000,000 from the Defendant on the same day to secure the above loan obligation, and the Gangseo-gu Seoul Metropolitan Government and 402 (hereinafter “instant 402”).
(2) On December 22, 2003, the Plaintiff borrowed KRW 25,000,000 from the Defendant on December 22, 2003.
3) On December 29, 2003, E borrowed KRW 40,000 from the Defendant, and on December 30, 2003, in order to secure the above loan debt, E borrowed KRW 40,000,000 from the Defendant, and completed the registration of creation of a mortgage with the maximum debt amount of KRW 45,00,000 in the name of the Defendant as to the F apartment 106,000,000 owned by the Defendant on December 30, 2003, E borrowed KRW 40,000 from the Defendant on June 16, 2004. In order to secure the above loan debt, on June 17, 2004, the registration of creation of a mortgage was completed in the name of the Defendant at KRW 50,00,000 in the maximum debt amount of KRW 337,1205 in Seoul, Seocho-gu, Seoul.
B. D as a principal obligor, the Plaintiff, as a joint and several surety, prepared a non-loan agreement on the loan prohibition as set out below on June 17, 2004, and D issued a letter of promissory note as of September 17, 2004, with the payee B (Defendant), face value of KRW 200,000,000, and the due date, and delivered it to the Defendant.
- gold 200,000,000 - Loans shall be subject to the condition of borrowing from Return from June 17, 2004
- The loan interest rate shall be paid to the borrower 3% interest per month on the 25th day of each month.
- The due date for the borrowed money will be September 17, 2004.
-The interest on the borrowed amount shall be paid to you at the rate of 4% per month in default.
- No objection shall be raised even if the principal registration and auction within the time limit fixed by the obligee at will, if payment arrangements for the borrowed money are not complied with, and if this is not complied with, a promissory note issued by the obligor and the joint guarantor.