부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant granted a loan to Nonparty B and C’s subrogated 1) to the Defendant: (a) on December 24, 2008, the due date for payment was set as of March 31, 2009; (b) on December 29, 2008, the agricultural product shipping guidance amount of KRW 30,000,000; and (c) on December 29, 2008, the due date for payment was set as of March 31, 2009; and (d) granted a loan of KRW 20,000,000 for agricultural product shipment guidance amount (hereinafter “each of the instant loans”).
2) At the time, the Plaintiff jointly and severally guaranteed each of the instant loans to the Defendant. (2) On May 25, 2009, Nonparty C, an employee of the Defendant, in charge of each of the instant loans, pointed out the fact that each of the instant loans has not been repaid even after the maturity date for repayment, at the NA’s business audit by the NAF, on June 1, 2009, he/she received KRW 20,000,000 from the Defendant, and the Plaintiff received each of the instant loans from each of the general loans and repaid each of the instant loans.
However, around June 3, 2009, the Agricultural Cooperative Audit and Inspection Team ordered the recovery of each of the loans of this case.
3) Accordingly, C, first of all, subrogated for each of the instant loans, and received a loan again as collateral and assumed to recover the amount of his subrogated payment. On June 3, 2009, C, on or around June 3, 2009, subrogated for the Defendant for KRW 50,024,657 as to each of the instant loans. (B) On or around June 3, 2009, the Plaintiff submitted to the Defendant a written application for a loan to obtain a loan of KRW 50,000,000 to the Defendant as collateral for land and buildings located D (hereinafter “instant real estate”) located in the Gun-si, Jeollabuk-do, Jeollabuk-do. (hereinafter “instant real estate”).
2) As to the instant real estate on June 5, 2009, the Defendant is entitled to KRW 60,000,000 with respect to the maximum debt amount, and the registration of the establishment of a neighboring mortgage that became the Plaintiff (hereinafter “registration of the establishment of a neighboring mortgage of this case”).
(3) However, the defendant is remaining to the real estate of this case.