부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. A person who actually has been operating a foundation fact-finding corporation C, etc. (hereinafter “D”), and the Plaintiff is a person who has offered security for securing business funds of C, or has provided joint and several sureties with security for securing business funds, and the Defendant is a person who lent business funds to C.
On March 3, 2010, the Plaintiff, the Defendant, and the D 3 were issued a promissory note with the face value of 3 billion won and the due date of payment on July 5, 2010 (hereinafter “instant promissory note”).
On July 5, 2010, the Notarial Deed of a Monetary Loan Agreement was prepared between the Plaintiff, the Defendant, and C. In doing so, “The obligor (C) borrowed 3 billion won from the obligee (the Defendant) on March 3, 2010 as of July 5, 2010, with the maturity of payment specified 3 billion won, and the Plaintiff is jointly and severally liable for the said borrowed debt. The obligor and the joint guarantor recognize that there was no objection even if they were immediately subject to compulsory execution if they did not perform their monetary obligations under this Agreement.”
(hereinafter referred to as “instant Notarial Deed”. The Defendant was distributed KRW 195,88,264 by proceeding with the procedure for compulsory auction (Seoul Western District Court E) on the Plaintiff’s real estate as the executive title of the instant Notarial Deed.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant, upon C’s request, issued the Promissory Notes of this case by deceiving the Plaintiff as if it provided a new business fund as it had invested 2.5 billion won in D prior to the investment, and caused C to issue the Promissory Notes of this case. After which, C did not bear monetary liability against the Defendant, there is no guarantee obligation against the Defendant, and therefore, the Defendant should return to the Plaintiff KRW 195,88,264, which was distributed as a compulsory execution based on the notarial deed of this case, to the Plaintiff.