부당이득금반환 등
1. As to the Plaintiff KRW 153,592,931 and its KRW 16,980,950 among them, the Defendant shall pay to the Plaintiff KRW 153,59,931 from November 23, 201, and KRW 195,190.
1. Basic facts
A. The Plaintiff’s joint and several sureties and partial repayment 1) C and D borrowed total of KRW 700 million from the Defendant as indicated in the following table, and the Plaintiff, as the type C, jointly and severally guaranteed the Defendant’s obligation to borrow 3 borrowed money (hereinafter “each of the above borrowed money”) by the sequence 3 below, but 3 borrowed money by the sequence 3 is “the instant borrowed money.”
(2) On January 23, 2008, the debt repayment rate for the original loan shall be KRW 3% C on January 25, 2009, which is the joint and several debtor, and KRW 4% on September 24, 2008, which is the joint and several debtor, KRW 5 billion on September 24, 2008, KRW 3% on February 24, 2009, KRW 3% on December 24, 2009, KRW 4% on January 23, 2009, KRW 40 million on January 23, 2009, KRW 5 billion on February 22, 2009, KRW 37 billion on March 24, 2009 (hereinafter “the debt repayment”).
B. On July 13, 2010, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant loan under the Court Order 2010Da10203, which stated that “the instant loan was appropriated for the repayment of the instant loan.” This court rejected the Plaintiff’s defense on September 22, 2011, on the ground that there was an implied agreement to cover the instant loan 1,200,000 won, and that “the Plaintiff would pay the Defendant the instant loan 1,000,000 won and damages for delay” (hereinafter referred to as “the first instance judgment”).
(2) Based on the judgment of the first instance court of this case, the Defendant: (a) on November 22, 2011, seized corporeal movables with KRW 16,980,950, and KRW 195,190 (the cost of execution was deducted from the proceeds of sale) on December 28, 2011 from the seizure of corporeal movables with KRW 154,81,190 (the cost of execution was deducted from the proceeds of sale) on December 28, 2011; and (b) on January 2, 2012, the seized corporeal movables with KRW 68,830,380 (the cost of execution was deducted from the proceeds of sale to KRW 1,169,620), and on August 27, 2012, 2012.