부당이득금
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the lower court, as to the Plaintiff’s claim for loans worth KRW 40 billion among the Plaintiff’s claim for loans worth KRW 130 billion, assumed the Defendant’s obligation to acquire “all rights related to the loan claim and all rights related thereto” and also
Inasmuch as it is insufficient to recognize that the Plaintiff’s status under the instant business agreement and the instant funding supplement agreement was transferred, the Defendant dismissed the claim for damages premised on the Defendant’s obligation to receive the funding from the “loan Operation Account.”
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles or exceeding the bounds of the principle of free evaluation of evidence.
2. As to the ground of appeal No. 2, the lower court dismissed the claim for return of unjust enrichment on the premise that the Defendant’s filling of the instant funds, which the Defendant received from the Geum Industrial Co., Ltd., should be appropriated for the Defendant’s lending claim interest, not for the Defendant’s lending claim but for the principal of the lending claim.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles or exceeding the bounds of the principle of free evaluation of evidence.
3. As to the ground of appeal No. 3, the lower court stated in its reasoning that “the Plaintiff and the Defendant shall have the security interest held by the Plaintiff as “ratio of the principal of the loan” under Article 5(4) of the Agreement, but the said security interest ratio shall be the principal and interest of the loan.”