부당이득금
All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
The costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 201, 201, the Plaintiff acquired all of the facilities and operating rights of the E E Eart F in Ansan-si, the H golf club located in Ansan-si, the Ga (hereinafter “instant golf club”) from Nonparty C at KRW 400,000,000.
B. From October 28, 201 to June 20, 2012, the Defendant lent a total of KRW 193,000,000 to the Plaintiff on seven occasions. From September 25, 2013 to December 31, 2013, the Defendant lent KRW 34,60,000 to the Plaintiff (hereinafter “the instant loan”).
On January 16, 2014, the Plaintiff issued a notary public to the Defendant a certificate of fairness in monetary consumption lending and lending contract No. 33, 2014.
The main contents of the above process deed are as follows:
Article 1 (Purpose) The Defendant lent KRW 210,00,000 to the Plaintiff on December 31, 2013, and the Plaintiff borrowed this.
Article 2 (Period and Method of Repayment) The Plaintiff shall pay to the Plaintiff 210,000,000 won in full until June 30, 2014.
Article 3 (Interest) Interest shall be paid at the rate of 18% per annum from January 2014 to the end of each month.
Article 5 (Compensation for Delay) When the Plaintiff delays the repayment of principal or interest, the amount of damages for delay shall be paid to the Defendant at the rate of 30% per annum to the delayed principal or interest.
Article 8 (Joint and Several sureties) Article 8 (Joint and Several sureties) The J guarantees the Plaintiff’s obligations under this Agreement and agrees jointly with the Plaintiff to perform the obligations, and the maximum amount of the J’s guarantee obligations is KRW 210,000,000.
(d)
At the time of the preparation of the above process deed, the plaintiff and J have prepared a letter for the defendant, and the main contents are as follows:
In each letter, Defendant B (Creditor), Plaintiff C (Joint and Several sureties) J Co., Ltd. prepared the process deed of No. 33 of January 16, 2014, the Plaintiff and J, when the Plaintiff and the J are unable to repay the debt on the due date, 20% of the daily sales of the instant golf course (representative J) from July 1, 2014 to the Defendant.