부당이득금
1. The Defendant shall pay to the Plaintiff KRW 195,918,367 and the interest rate of KRW 15% per annum from July 20, 2017 to the day of full payment.
Facts of recognition
From May 22, 2006 to June 6, 2006, the Plaintiff lent a total of KRW 94 million to C engaged in freezing food sales, etc.
C created a loan certificate to the Defendant on July 5, 2015, stating that “The amount of collateral security shall be KRW 300 million and the amount of collateral security shall be KRW 400,000,000,000,000,000 to be additionally lent from the Defendant.”
On July 6, 2006, the Plaintiff remitted KRW 50 million to the Defendant. Accordingly, the Defendant, including the above KRW 50 million, remitted KRW 200 million to C on the same day, and the Plaintiff, the Plaintiff, 140 million ( = 94 million won), the Defendant, 150 million won, and the monthly interest rate of KRW 20 million, respectively.
C on July 6, 2006, for securing a total of KRW 294 million, registered the creation of a mortgage (hereinafter “instant mortgage”) with respect to the first floor of E and F 6th floor buildings, etc. (hereinafter “instant building”) as KRW 400 million with respect to the Defendant on July 6, 2006, the creation of a mortgage (hereinafter “instant mortgage”) was completed with respect to the establishment of a mortgage of KRW 101,000,000,000,000 won.
C remitted a total of KRW 294 million to the Defendant, and KRW 5,880,000,000,000 to the Defendant. Accordingly, from August 8, 2006 to November 7, 2008, the Defendant remitted to the Plaintiff KRW 2,880,000,000 equivalent to KRW 144,00,000 per month of the Plaintiff’s loan for 28 months.
However, upon the occurrence of a dispute on November 2008 between the plaintiff and the defendant, the defendant would no longer pay interest, and the defendant discontinued the transfer of interest from around that time, and the plaintiff received interest by account transfer from G, who is an accounting employee of C, by account transfer.
On the other hand, C received the registration of ownership transfer from D on October 16, 2007 under its name with respect to the instant building, and completed the registration of ownership transfer due to sale to G as its employee on the same day, and the Defendant and G on October 15, 2009 with respect to the acquisition of a contract on October 19, 2009 and the debtor as G.