부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On April 4, 2014, the Defendant borrowed KRW 100,000 from Nonparty C&L Co., Ltd. (hereinafter “Nonindicted Co., Ltd”). On the same day, on the same day, the Defendant leased KRW 100,000 to A Co., Ltd. (A Co., Ltd. was commenced on May 28, 2014 as Seoul Central District Court 2014hap103, and the Plaintiff, a representative director of A, was regarded as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act. Accordingly, the Plaintiff in this case, while the custodian of the debtor’s rehabilitation, the Plaintiff lent the amount of KRW 100,00 to the Plaintiff for convenience (hereinafter “Plaintiff”).
(hereinafter “instant loan”). (b)
At the time of the above lease, the Plaintiff received a request from the Defendant to request the non-party company to make a promissory note of KRW 100 million as an endorsee, and the Plaintiff endorsed and transferred the promissory note to the non-party company (hereinafter “the instant promissory note”) which was issued by the non-party Plaintiff Co., Ltd. (hereinafter “beneficiary”) on April 4, 2014, the face value of KRW 100 million, the due date of payment, August 23, 2014, and the due date of payment.
On May 1, 2014, the Plaintiff repaid to the Defendant KRW 15 million as part of the instant loans.
C. On August 25, 2014, a passenger company, the issuer of the Promissory Notes, deposited KRW 100 million as an accident reporting security at the point of a host of the Bank, upon reporting the acceptance of the Promissory Notes in the instant case.
On the other hand, the non-party company, the holder of the Promissory Notes, applied for a payment order against the beneficiary company, which is the issuer of the Promissory Notes, with Seoul Central District Court 2014 tea47078, seeking payment of the Promissory Notes, and received payment order as of September 5, 2014. On December 12, 2014, the non-party company received KRW 100 million for the accident report bond deposited by the beneficiary company pursuant to the above payment order.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 7, the purport of the whole pleadings
2. The Plaintiff’s assertion and judgment are as follows: (a) the Defendant on May 1, 2014.