부당이득반환청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Plaintiff’s money borrowed 1) The Dongjak-gu Seoul Metropolitan Government D land and its ground buildings (hereinafter “instant 1 real estate”).
(2) On November 30, 2015, the Plaintiff, the owner of the instant land, purchased the instant land with E and newly built an urban-type residential housing. (2) As to the F-owned G land and its ground buildings (hereinafter “instant 2 real estate”) between F and F, the Plaintiff entered into a sales contract with H on January 11, 2016 with respect to the land and its ground (hereinafter “instant 3 real estate”) owned by Dongjak-gu Seoul, Dongjak-gu, Seoul (hereinafter “instant 3 real estate”), and paid the down payment and intermediate payment.
3) The Plaintiff intended to obtain a loan from a financial institution to pay the balance of the instant real estate Nos. 2, 3, and 4. However, the loan was refused, and the Plaintiff requested M to lend money under the pretext of the balance for purchasing each of the said real estate after introducing O and Defendant C respectively. (B) On January 26, 2016, the Plaintiff borrowed KRW 950 million from the Defendant Company with O as a major shareholder (hereinafter “the first loan”) from the Defendant Company with O as a major shareholder through O (hereinafter “the first loan”). The interest rate was 2.9% per month when repayment was made within one month, 2.8% per month, 2.7% per month when repayment was made between two and three months, and 2.9% per month when repayment was made between two and three months, and 2.9% per month interest rate and April 25, 2016.
2) In addition, in order to secure the above loan obligation, the Plaintiff and E are ① Real Estate No. 102 and No. 202 of the first floor in the king-si owned by the Plaintiff and the second floor No. 102 (hereinafter “P Real Estate”).
As to the Defendant Company, the set-up period of the right to collateral security of KRW 150 million with respect to each maximum debt amount of KRW 150 million is January 25, 2016.