청구이의
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional portions, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The defendant's argument that the plaintiff paid KRW 200 million borrowed from the defendant to H and disbursed expenses incurred in performing the plaintiff's trust affairs. Thus, if the debt repayment contract in this case is null and void, the plaintiff is entitled to gain profits from the defendant's property without any legal ground and incur losses to the defendant
Therefore, since the plaintiff is obligated to return the above KRW 200 million and its interest to the defendant as an unfair profit, the defendant shall set off the above claim for return of unfair profit with the plaintiff's automatic claim for return of unfair profit against the defendant.
B. The Defendant, on June 20, 2013, remitted KRW 200 million to H, and the instant debt repayment agreement is null and void as violating Article 24(3)2 or 5 of the former Non-Urban District Court Act. However, it is insufficient to recognize that the evidence submitted by the Defendant and the testimony of the witness E and G alone were used for the Plaintiff, and it cannot be said that the Plaintiff’s unfair profit is not the Plaintiff’s unjust profit on the ground that there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.