부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. Facts of recognition;
A. On May 19, 2001, the Plaintiff received a loan of KRW 20 million from C Bank to the Defendant.
B. On March 22, 2007, the Plaintiff loaned KRW 70 million at C Bank, and repaid KRW 20 million on May 19, 2001. On April 27, 2007, the Plaintiff repaid KRW 40 million out of the above loans KRW 70 million.
C. On April 18, 2012, the Plaintiff obtained a loan of KRW 30 million from C Bank, and repaid KRW 30 million in the balance of the loan on March 22, 2007.
On November 6, 2013, the Plaintiff borrowed KRW 40 million from C Bank, and remitted KRW 30,610,000 to D in order to pay the purchase price of apartments sold by the Defendant.
(F) The remaining KRW 9,390,000 among loans was withdrawn in cash on November 12, 2013. (e)
On December 19, 2016, the Plaintiff entered into a lease agreement with respect to F apartment G (hereinafter referred to as “F apartment”) of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter referred to as “E”) with respect to the rental deposit of KRW 150 million, and the term of lease from January 12, 2017 to January 11, 2019. On December 19, 2016, the Plaintiff received KRW 10 million, and KRW 140 million, the remainder of January 12, 2017.
The Plaintiff used KRW 30 million in the remainder of the foregoing rental deposit to repay KRW 30 million to the Defendant on April 18, 2012, and KRW 40 million in the repayment of KRW 40 million on November 6, 2013, and paid the remainder of KRW 70 million to the Defendant.
[Reasons for Recognition] Facts without dispute, Gap 1-5, 7, 8, 9 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 20 million to the Defendant as of May 19, 2001, KRW 10 million out of the loans as of March 22, 2007, and KRW 40 million as of November 6, 2013. The Plaintiff used the Plaintiff to repay the remainder of the rental deposit, KRW 140 million out of the remainder of the rental deposit received from E on January 12, 2017, and additionally lent the remainder of KRW 70 million to the Defendant. The Defendant is obligated to pay the Plaintiff a total of KRW 140 million,000,000,000,000 to the Defendant. Defendant 1 is obligated to pay the Plaintiff a total of KRW 20,000,000,000 to the Plaintiff on March 22, 2007.