부당이득금반환
1. The plaintiff's claim against the defendant (appointed party) and the appointed party C is all dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. The Plaintiff is a company with the purpose of leasing and selling construction materials. The selected company is a company with the aim of credit business, etc., and the Defendant was an internal director of the selected company.
B. On September 16, 2010, the Plaintiff borrowed money from the Selection Company and repaid 1,000,000,000,000 borrowed from the Selection Company as of September 16, 2010 to November 16, 2010, and the interest rate shall be 7% per annum, but the interest shall be paid at a rate of 20% per annum, but the interest shall be paid at a rate of 20% per annum if the repayment of principal or interest is delayed. In order to secure the above obligation, the Plaintiff shall transfer the object recorded in the attached security list to the Selection Company by possession and alteration, and if the Plaintiff fails to repay the obligation, he may dispose of the object by an adequate method, and dispose of it without delay and appropriate it to repay the obligation with the realization of this case’s authentic deed.
(B) prepared and proposed the statement. [The fact that there is no dispute over the grounds for recognition, entry of Gap evidence 1, the purport of the whole pleadings.]
2. The plaintiff's assertion
A. Although the notarial deed of this case states that the Plaintiff borrowed KRW 1,00,000,000 from the Selection Company, the amount actually paid to the Plaintiff by the Selection Company is KRW 885,000,000,00,000, the principal borrowed from the Selection Company is KRW 885,000,000 which the Plaintiff actually received.
Therefore, the Plaintiff is obligated to pay to the selected company the agreed interest rate of 885,00,000 won as above, and the agreed interest rate of 7% per annum from September 16, 2010 to November 16, 2010, which is due date, and the interest rate of 20% per annum from the next day to the date of full payment.
B. However, the details that the designated company received as the repayment of the Plaintiff’s debt to the designated company are the same as the next table of “the details of repayment of the Plaintiff’s assertion”, and the said details are the aforementioned designated parties.