부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Each of the rooms following the facts of the foundation may be admitted, either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3-1, 2, and 5, and Eul evidence Nos. 4 and 6, taking into account the whole purport of the pleadings:
The Plaintiff and Defendant B, around May 2008, borrowed KRW 500 million from Defendant C, Defendant B, the branch of Defendant B, as interest rate of 2% per month, and set it as interest rate of 4% per month and lent it to D and E, the Plaintiff’s branch of the Plaintiff, as interest rate of 2% from among the interest of 4% per month received from D and E, paid to Defendant C, and the remainder of 2% interest is divided by 1% from the Plaintiff and Defendant B.
B. Accordingly, Defendant B borrowed KRW 500 million from Defendant C, and on May 19, 2008, lent KRW 500 million to D in its own name (hereinafter “instant loan”). The Plaintiff asserted that D is not Defendant B but Defendant B. However, in light of the overall purport of the pleadings in each of the evidence Nos. 1, 2, 5, and 1, 2, 4, 6, and 7, the parties to the instant loan agreement with D can be recognized as Defendant B. Thus, Defendant B is the lender of the instant loan.
E has jointly and severally guaranteed the debt of this case D.
C. In order to secure the instant loan obligations on the same day, Defendant B received from G Co., Ltd. (hereinafter “G”) operated by D, E, F, and D, one promissory note with the face value of KRW 800 million issued jointly by the said four persons, and the due date of payment, and as to the said promissory note, a notary public drafted the No. 5433 (hereinafter “instant No. notarial deed”) with respect to the said promissory note as the No. 5433, 2008.
After that, the Plaintiff received 4% interest on the instant loan from D, E, etc., and delivered 3% interest on the instant loan to Defendant B, and Defendant B again paid 2% interest on the instant loan to Defendant C.
E. Thereafter, D is against Defendant B on August 22, 2008.