구상금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 2013, Defendant B asked Nonparty D to purchase a medium wing truck, and D requested Party B to purchase a medium wing truck in 2007 upon the request. Upon the request, Defendant B requested Party B to purchase the medium wing truck in 2007.
B. Around March 12, 2013, Defendant B drafted an agreement on G wing-to-land (red on an annual interest rate of KRW 19.9% in relation to the sale and purchase of “14 tons of wing-to-wing used cars” from F in 2007, with the aim of purchasing the above used trucks.
In addition, Defendant C guaranteed the above loan obligation against Defendant B F.
(hereinafter the Defendants’ obligations to F are the obligations of the instant loans. C.
The plaintiff was registered as a business operator under the name of H, and the non-party I, the non-party I entrusted with the F's loan product brokerage business, and the J Company K re-entrusted with the said business.
(b) above;
The loan mentioned in the port was carried out by the plaintiff according to the above entrustment. D.
The Plaintiff paid the instant loan from F to D, not Defendant B, and D used the said loan individually without paying it to Defendant B.
On the other hand, Defendant B did not actually purchase a truck by withdrawing his intention to purchase a heavy truck after preparing a loan agreement.
E. Defendant B paid only the first installment out of the instant loans, but did not repay the remainder of the loans. Accordingly, the Plaintiff remitted KRW 65 million to F and KRW 8 million to K to repay the instant loans.
F. Since then, the Plaintiff filed a lawsuit against F to recover unjust enrichment against F (hereinafter “instant related lawsuit”) by claiming return of unjust enrichment by 2015da40912, and paid to F.
The claim was asserted to return the money stated in the subsection.
On May 13, 2016, F decided to recommend reconciliation that the Plaintiff pay KRW 30 million.