부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s parents (hereinafter “Plaintiff’s parents”), C, D, and the Defendant’s parents (hereinafter “Defendant’s side”), E and F have mutual friendly interests, such as borrowing money from D from around 2007 to D for the purpose of operating G business.
B. The Defendant suggested that the Plaintiff’s side invested KRW 50 million on the 18,9,10 (hereinafter “the instant building”) that was sold to the Plaintiff’s side, who was known to the Plaintiff, from H, in terms of e.g., the Plaintiff’s 18,9, and 10 (hereinafter “the instant building”), and the Defendant’s side invested KRW 500,000,000,000 on each side, and that the remainder of the sales price, etc. were financed by the instant building from the financial institution as collateral and operated the Jel jointly. The Plaintiff’s side and the Defendant’s side agreed to operate the Jel in the instant building under the name of
B. On June 9, 2009, the Plaintiff deposited KRW 60 million in the account under the name of H H H H in return for the sale price. D around March 30, 2009, extended a loan of KRW 440 million in the name of the Plaintiff at the Handong branch of the National Bank of Korea Co., Ltd. and delivered it to the Defendant.
C. On December 19, 2008, the Plaintiff and the Defendant completed the registration of share transfer with respect to the instant building one-half shares, and completed the registration of business concerning the lodging business in the name of the Plaintiff and the Defendant, and operated the Jel in the instant building as a partnership business.
On the other hand, on June 8, 2009, the Plaintiff and the Defendant borrowed 2.5 billion won from Han Bank Co., Ltd. (hereinafter “One Bank”) as the debtor, and as joint guarantor, used the Plaintiff as the proceeds of the sale of the instant building. As to the said building, one bank established a collateral security (the maximum debt amount) with the maximum debt amount of 3.25 billion won in the name of the Han Bank.
In addition, the Plaintiff and the Defendant have four times from June 15, 2009 to February 25, 2010 as to the instant building from the Scar Savings Bank (hereinafter “Scar Savings Bank”) to the Plaintiff and the Defendant as joint debtors.