부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The first joint and several sureties and the establishment of a collateral security 1) C Co., Ltd. (hereinafter “Nonindicted Company”).
D) On May 25, 2010, the representative director of D borrowed KRW 300 million from the Defendant at the maturity of August 25, 2010 and at the rate of 30% per annum (hereinafter “the primary loan”).
(2) At that time, the Plaintiff and the Nonparty Company jointly and severally guaranteed the Defendant the Defendant’s obligation of the above loan amount of KRW 390 million within the limit of KRW 390 million (hereinafter “the first joint and several surety”).
(2) In addition, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) on the part of the Defendant on May 26, 2010, the Busan District Court’s receipt of No. 25321, May 25, 2010, with respect to the size of 430 square meters in Busan, the Plaintiff owned by the Plaintiff as a security for the primary loan amount, namely, the maximum amount of claims KRW 70 million, the obligor D, and the Defendant of the collateral mortgagee.
B. The second joint and several sureties 1) D borrowed additional KRW 300 million from the Defendant on July 22, 2010 (hereinafter “second loan”).
(2) After that, on November 1, 2010, the Plaintiff’s husband F, the Nonparty Company, and the Defendant agreed on the sum of KRW 600,000,000 as the first and second loans, the primary debtor is “foreign company”, the joint guarantor is “Plaintiff, F,” and the repayment period is “the remaining amount on November 4, 2010, and November 12, 2010,” and the interest rate is “three percent per month.”
The above joint and several sureties is referred to as the "second joint and several sureties".
(C) On April 15, 201, the Plaintiff paid KRW 450 million to the Defendant, and the Defendant, on the same day, issued a cancellation of the registration of the establishment of the establishment of the instant neighboring area to the Plaintiff. [Grounds for recognition] The Plaintiff did not dispute, and the Plaintiff’s testimony and statement Nos. 1, 2, 4, and 1 through 5 (each entry including the number of branches, witness D’s testimony, and the purport of the entire pleadings.
2. The plaintiff's assertion was received from the non-party company KRW 30 million, and KRW 450 million from the plaintiff respectively. The defendant's above KRW 450 million, which the defendant received from the plaintiff, is heavy.