부당이득금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On March 8, 2012 and March 23, 2012, the Plaintiff leased KRW 200 million to D Co., Ltd. (hereinafter “D”), with the interest rate of KRW 10 million per annum (interest rate of KRW 25% per annum), the repayment period of KRW 200 million as to KRW 100 million per annum, December 31, 2012, and the remainder of KRW 100 million as to KRW 200 million, respectively.
On July 5, 2012, in order to secure the performance of the above credit against D, the Plaintiff notified D of the transfer on July 13, 2012 to E, a third debtor, of the transfer of the deposit for lease deposit (hereinafter “the claim for the refund of the deposit for lease deposit of this case”) under the lease agreement between performance halls and dormitories (hereinafter “the instant building”) held by D Co., Ltd. (hereinafter “E”).
Then, on March 26, 2013, the Plaintiff received a seizure and collection order (the Jeju District Court 2013TTT 1741) regarding the claim for the refund of the lease deposit of this case based on the notarial deed with the executory power of No. 614, 2012, from a notary public against D on March 26, 2013, and the said order was served to E around that time.
B. On the other hand, on June 10, 2013, Defendant B and D drafted a notarial deed of monetary loan agreement No. 394 of 2013 (hereinafter “notarial deed of this case”) with the content that “Defendant B lent KRW 500 million to D on June 5, 2013 at interest rate of 20% per annum and due date of payment on July 15, 2013, and if D fails to perform the said loan obligation, Defendant B and D immediately acknowledged that there was no objection to compulsory execution.”
After that, on July 22, 2013, Defendant B received a seizure and collection order of KRW 511,813,531 (the Jeju District Court 2013TTT 4489) regarding the claim for the refund of the lease deposit of this case based on the Notarial Deed of this case on July 22, 2013. The above order was served to E around that time.
C. Defendant C loans on January 29, 2014