부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 24, 2015, the Plaintiff’s assertion that D would purchase a truck with KRW 73 million including the previous loan of KRW 16,000,000,000 for the above vehicle and arrange it to be carried out as a land owner so that D may carry out transportation as a land owner, and it would have D borrow money from KRW 8,00,000,000 in its own name by obtaining a loan of KRW 80,000,000 in the name of Gmerz, the owner of the truck, without any specific authority to act as an agent or intermediary for a sales contract from E, and even if there was no property held to be appropriated for the purchase price of the vehicle.
Therefore, the truck sales contract between C and D becomes null and void due to fraud or unauthorized representation, and C’s loan 63,965,000 won, which was acquired by the Defendant as the purchase price, is unjust as it does not have any legal cause, and D and G are in a position to claim the return of unjust enrichment to the Defendant who made unjust enrichment.
On the other hand, D obtained a loan from Mez Capital in the name of G, and prepared the purchase price of the truck, and bears the joint and several liability for the above loan obligation. When the truck sales contract becomes null and void due to C’s act of unauthorized representation or deception, Mez Capital was subrogated by the Plaintiff as an individual among the loans.
Therefore, the plaintiff is a person who has a legitimate interest in repayment as a third party with interest under Article 469(2) of the Civil Act. Thus, the plaintiff is naturally subrogated to the creditor as a repayment under Article 481 of the Civil Act.
Therefore, the defendant is naturally entitled to claim restitution of unjust enrichment against the defendant of G and D as a subrogation for metrts capital.